Dismissed

Mekala Abhinava Venkata Rao v. The Collector (Civil Supplies)

Telangana HC11 Jul 2013WA/1051/2013

Case brief

AI extract

What is this about?

The Division Bench dismissed the writ appeal because the appellate authority had already allowed the appeal and remitted the matter for fresh enquiry. Unlike the cited precedent, no scope for stay or non-passing of order by appellate authority existed. The court directed the respondent to conduct the enquiry expeditiously within four weeks.

What did the court decide?

Direction to respondent No.2 to conduct enquiry and pass appropriate orders within four weeks from receipt of copy of this order. Other miscellaneous petitions to be closed.

Mekala Abhinava Venkata Rao Vs The Collector (Civil… — Service and Employment | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE N.V.RAMANA AND

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THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR

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W.A.No.1051 OF 2013

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JUDGMENT: (per the Hon’ble Sri Justice N.V.Ramana)

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Petitioner, whose authorization for fair price shop was cancelled by respondent No.2 by order dated 20.04.2013, had preferred an appeal before respondent No.1, it has since been allowed by order dated 14.06.2013 by setting aside the order of respondent No.2 and remitting the matter for fresh enquiry before respondent No.2. In spite of succeeding in the appeal, the appellant has preferred W.P.No.17555 of 2013 against the aforesaid order of the appellate authority.

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Learned single Judge under the impugned Order rightly dismissed the writ petition, hence this appeal is preferred.

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We have heard the learned counsel for the appellant, who placed strong reliance upon the judgment in W.A.No.655 of 2013 passed by the Division Bench of this Court dated 08.05.2013 and the learned counsel seeks that as in that case, the petitioner is entitled to restoration of his authorization as the order of the respondent No.2 was set aside by the respondent No.1.

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We have perused the judgment of the Division Bench relied upon as above. We find that the aforesaid case stands on a different footing as the scope of the said writ petition was only with regard to in action of the respondent No.1 for not passing orders on stay petition filed by the appellant therein before the appellate authority. The Division Bench, therefore, confirmed the order of

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the learned single Judge by directing the respondent No.1 therein to dispose of the appeal within specified time and pending appeal granted suspension of order of respondent No.2 therein.

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In the present case, the appellate authority has already allowed the appeal of the appellant herein and the matter was remitted for fresh enquiry and consideration before respondent No.2. At this stage, no case is made out warranting interference by Division Bench with the Order of learned single Judge impugned herein. However, we direct the respondent No.2 to conduct enquiry and pass appropriate orders expeditiously within four (4) weeks from the date of receipt of a copy of this Order. Subject to the above direction, the writ appeal is dismissed. Miscellaneous petitions, if any, filed in the writ appeal shall stand closed. There shall be no order as to costs.

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______________________ JUSTICE N.V.RAMANA

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_________________________________ JUSTICE VILAS V.AFZULPURKAR Dated: 11-07-2013 Ksp

Mekala Abhinava Venkata Rao v. The Collector (Civil Supplies)

Case brief

What is this about?

What did the court decide?

Mekala Abhinava Venkata Rao v. The Collector (Civil Supplies)

Case brief

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What the court decided

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