A writ petitioner challenged the suspension of his authorization without a completed enquiry under the Essential Commodities Act. The court directed the Divisional Officer to complete the enquiry within six weeks.
Directed the 1st respondent to complete the enquiry within six weeks from receipt of the copy of this order.
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THE HON’BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.25836 of 2007
DATE: 04.12.2007
Between: Shaik Ismail Shariff … Petitioner AND The Revenue Divisional Officer, (Civil Supplies) Bodhan, Nizamabad District & another.
… Respondents
THE HON’BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.25836 of 2007
ORDER:-
This writ petition is filed for a writ of mandamus to declare the proceedings No.E1/1836/2007, dated 26.09.2007 issued by the 1st respondent suspending the authorization of the petitioner and not completing the enquiry, as illegal, arbitrary, unconstitutional, against the principles of natural justice and contrary to the provisions of the Essential Commodities Act.
2. Learned Assistant Government Pleader for Civil Supplies takes notice for the respondents.
3. The main grievance of the petitioner is that the 1st respondent is not completing the enquiry though suspension of authorization was already made pending enquiry.
4. In the light of the several facts, which have been narrated in the affidavit filed in support of the writ petition, let the 1st respondent complete the enquiry within a period of six weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of accordingly. No order as to costs.
___________________ P.S. NARAYANA, J
Date: 04.12.2007 Note- Issue CC in three days.
ES
2 issues framed by the court
Whether the suspension of authorization without completing the statutory enquiry is illegal and arbitrary.
Whether the directing the respondent to complete the pending enquiry within six months is a proper exercise of writ jurisdiction.
1 provisions across 1 enactments
Shaik Ismail Shariff
The Revenue Divisional Officer, (Civil Supplies) Bodhan, Nizamabad District
another
P.S. Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
