Dismissed

J. Ramachandrappa v. The Joint Collector

Telangana HC15 Jul 2013WA/1111/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ appeal filed by a dealer challenging the cancellation of his Fair Price Shop authorization. The court held that since the Learned Single Judge had mandated a hearing within six weeks, there was no ground to grant immediate relief on the pending administrative appeal.

What did the court decide?

Writ appeal dismissed; miscellaneous petitions closed; no order as to costs.

J. Ramachandrappa Vs The Joint Collector — Service and Employment | Telangana HC (2013)

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

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W.A.No.1111 of 2013

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

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Unsuccessful writ petitioner is the appellant herein.

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Writ appeal is filed against the order of the learned Single Judge dated 12.06.2013 passed in Writ Petition No.16404 of 2013.

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The petitioner was a Fair Price Shop dealer, Gadekal village. The said Fair Price Shop said to have been inspected by the Assistant Supply Officer and team of CSDT on 08.03.2013 and several irregularities were noticed, which were reported to the Tahsildar, Vidapanaakal Mandal. The said Tahsildar, under his proceedings Rc.No.68/2013 dated 18.03.2013 on prima facie satisfaction of violation of terms and conditions of the license and Public Distribution System (Control) Order; the authorization of the appellant was suspended. Appellant appears to have been filed an appeal before Revenue Divisional Officer, Ananthapur questioning the said suspension. While so, the appellant was also given a show-cause notice dated 30.03.2013 calling for his explanation. However, no explanation was submitted by the appellant and the Revenue Divisional Officer, under his order dated 31.05.2013 considered the entire matter after giving personal opportunity of hearing to the appellant/dealer and on being satisfied that the appellant is responsible for grave irregularities for distribution of essential commodities cancelled the authorization. Against the said order as well the appellant has filed the appeal before the

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Joint Collector, Ananthapur and on complaining the inaction of the said Joint Collector in disposing of the appeal and stay petition, the present writ petition is filed with a consequential prayer to continue the authorization of the appellant.

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Learned single Judge while considering the writ petition, under the impugned order dated 12.06.2013 disposed of the writ petition by directing the Joint Collector, Ananthapur to hear and decide the appeal within six weeks from the date of receipt of the copy of the order after giving opportunity of personal hearing to the appellant.

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Surprisingly, the appellant is again in appeal before us against the said order though the relief sought for was substantially granted by the learned single Judge.

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Learned counsel for the appellant seeks continuation of authorization of the appellant, but the same cannot be granted in view of the fact that the appellant’s authorization was suspended since 18.03.2013 and subsequently cancelled.

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Since the appeal filed by the appellant against the said cancellation order is pending before the Joint Collector, Ananthapur and since the learned single Judge already given appropriate directions for disposal of the same, we see no reasons to entertain the appeal. Accordingly, 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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______________________

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JUSTICE N.V.RAMANA

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_________________________________ JUSTICE VILAS V.AFZULPURKAR

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15^th July, 2013 Ksp

J. Ramachandrappa v. The Joint Collector

Case brief

What is this about?

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J. Ramachandrappa v. The Joint Collector

Case brief

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