Allowed

N.J. Prakash, v. The State of Andhra Pradesh, Rep. by its Secretary

Telangana HC6 Jul 2015WP/10423/2015

Case brief

AI extract

What is this about?

This writ petition challenged the Revenue Divisional Officer's action in revoking his acceptance of a fair price shop dealer's resignation. The Court, relying on the relevant Control Order, set aside the order allowing the dealer to resume duties.

What did the court decide?

The order dated 26.12.2014 revoking the resignation was set aside. No order as to costs.

N.J. Prakash, Vs The State of Andhra Pradesh, Rep… — Service and Employment | Telangana HC (2015)

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HON’BLE SRI JUSTICE R. KANTHA RAO

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W.P.No.10423 of 2015

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ORDER:

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Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 3.

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This Writ Petition is filed seeking to declare the action of the 2^nd respondent in withdrawing the resignation of the 4^th respondent vide proceedings dated 26.12.2014, as illegal and arbitrary.

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Petitioner is the card holder and 4^th respondent is the fair price shop dealer of Shop No.7, Puttur Village, Puttur Mandal, Chittoor District. Under the apprehension that the respondent authorities would initiate action against him for diverting the essential commodities in clandestine business, the 4^th respondent tendered his resignation to the fair price shop dealership and submitted the same to the 3^rd respondent, who in turn, forwarded the same to the 2^nd respondent. The 2^nd respondent-Revenue Divisional Officer, Chittoor accepted resignation of the 4^th respondent vide proceedings dated 17.09.2014. Subsequently, on the application made by the 4^th respondent, the 2^nd respondent revoked the resignation vide proceedings dated 26.12.2014 and passed orders permitting the 4^th respondent to discharge his duties as fair price shop dealer. The action of the 2^nd respondent is impugned in this writ petition.

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Learned counsel appearing for the petitioner submits that as per Clause 5 (5) of the Andhra Pradesh State Public Distribution

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System (Control) Order, 2008, the 2^nd respondent has no power to restore the authorization once cancelled. He further submits that Clause 20 provides an appeal to the Joint Collector against the order of the Revenue Divisional Officer.

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Therefore, this Court is of the view that it is open for the 4^th respondent to file an appeal before the Joint Collector. The order passed by the Revenue Divisional Officer is without any authority and cannot be sustained.

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Consequently, the order dated 26.12.2014 passed by the 2^nd respondent is set aside and the writ petition is allowed at the stage of admission. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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JUSTICE R. KANTHA RAO

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rkk

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13^th April, 2015

N.J. Prakash, v. The State of Andhra Pradesh, Rep. by its Secretary

Case brief

What is this about?

What did the court decide?

N.J. Prakash, v. The State of Andhra Pradesh, Rep. by its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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