Petitioner challenging rejection of interim relief in shop authorization suspension appeal. Court declined interference but directed prompt disposal of substantive appeal within four weeks.
Directed First Respondent to dispose of substantive appeal within four weeks from receipt of order copy.
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THE HON’BLE SRI. JUSTICE GODA RAGHURAM
W.P.No. 4587 of 2006
09-03-2006
Between:S. Subhashini
Petitioner And The Joint Collector, Ananthapur and another.
Respondents
THE HON’BLE SRI JUSTICE GODA RAGHURAM
W.P.No. 4587 of 2006
Oral order:
The petitioner’s authorization was suspended by the proceedings of the 2nd respondent dated 16-01-2006 on three sets of allegations viz., (a) not opening the shop; (b) not displaying the stock cum price list board and (c) not residing in the locality. Aggrieved by the order of suspension, pending inquiry, the petitioner preferred an appeal to the 1st respondent along with an application for interim relief. By the impugned proceedings dated 20-02-2006, the 1st respondent rejected the application for interim relief, while taking the appeal on file and calling for records from the 2nd respondent for consideration of the appeal in due course. The petitioner
is aggrieved by the rejection of the application for interim relief by the 1st respondent.
In the facts and circumstances of the case and having regard to the nature of allegations made against the petitioner, which if true would certainly cause inconvenience to the consumers of essential commodities, this court dos not consider it appropriate to interfere with the exercise of discretion by the 1st respondent declining the grant of interim relief.
In the circumstances, the writ petition is disposed of, after hearing the learned Government Pleader for Civil Supplies also, directing the 1st respondent, expeditiously in any event within a period of four weeks from the date of receipt of a copy of this order, to dispose of the substantive appeal of the petitioner directed against the order dated 16-01-2006 of the 2nd respondent suspending her authorization. No costs.
GODA RAGHURAM, J
Dated:09-03-2006
Pvks/*
Nb:- Office to furnish c.c. in three days. B/o pvks/*
1 issue framed by the court
Whether the court should interfere with the respondent's discretion in declining interim relief against suspension of shop authorization.
S. Subhashini
The Joint Collector, Ananthapur
Another (unnamed)
GODA RAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
