HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 26812 of 2014 Date: 11.09.2014 Between:
M/s. Aswin Homeo Pharmacy Hyderabad.
… Petitioner And Union of India, rep., by its Secretary, Department of Revenue, New Delhi & another.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 26812 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are not inclined to interfere with the impugned show cause notice at this stage because the authority concerned having power to issue the same is undisputed proposition of law. As a matter of fact, the petitioner has already given reply to the said show cause notice.
However, it is contended by Mr. S. Ravi, learned Senior counsel appearing for the petitioner, that earlier the issue raised in the impugned show cause notice has been adjudicated conclusively. Therefore, further show cause notice on the same ground is not tenable. This point has to be decided by the first authority concerned before proceeding with the matter on merit by giving an opportunity of hearing to the petitioner and pass a speaking order within a period of eight weeks from the date of communication of this order.
The writ petition is accordingly disposed of.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 11.09.2014 ES