Petitioner challenged the cancellation of Fair Price Shop dealership authorization. Court declined to adjudicate merits, directed petitioner to pursue appeal remedy, and granted interim suspension of proceedings for six weeks.
Interim suspension of impugned proceedings for a period of six weeks.
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THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No :25989 of 2007
DATED: 06-12-2007
BETWEEN:
D.Jyothi.
PETITIONER
AND
The Revenue Divisional Officer, Kamareddy, Nizamabad District.
.....RESPONDENT
ORDER:
Heard Sri S.Bhooma Goud, learned counsel representing the petitioner, and the learned Government Pleader for Civil Supplies appearing for the respondent.
2. This Writ Petition is filed for a writ of mandamus declaring the impugned order passed by the respondent-Revenue Divisional Officer in proceedings No.B1/1103/07, dated 23-10-2007, in canceling petitioner’s authorization and licence of Fair Price Shop dealership, Shop No.3 of Adloor Yellareddy village, Sadasivnagar mandal, Nizamabad District, as illegal and arbitrary.
4. The impugned order is pointed out by Sri Bhoma Goud, learned counsel representing the petitioner, and would submit that inasmuch as there are violations of the principles of natural justice, Writ Petition can be maintained.
5. This Court is not inclined to express any opinion touching the merits and demerits of the matter, but however, in the light of the nature of the order made by the respondent, dated 16-11-2007, inasmuch as the Writ Petitioner is having a remedy by way of appeal, let the Writ Petitioner pursue the remedy of appeal, and to enable the writ petitioner to invoke the appeal remedy and to obtain appropriate orders, interim suspension of the impugned proceedings is hereby granted for a period of six weeks.
7. Writ Petition is disposed of. No order as to costs.
_________________ P.S.NARAYANA,J
06th December, 2007. Note: Furnish C.C. of the order within two days. B/o Tsy
1 issue framed by the court
Whether to exercise discretion to entertain writ petition when alternative remedy of appeal exists.
D.Jyothi
The Revenue Divisional Officer, Kamareddy, Nizamabad District
P.S.Narayana
As recorded by the court registry
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