HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (SPECIAL ORIGINAL JURISDICTION)
FRIDAY , THE TWENTY EIGHTH DAY OF NOVEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No. 36528 of 2014 Between:-
D. Mariyamma W/o. Bixamaiah, Occ: Fair Price Shop Dealer R/o. Kondur Village, Marriguda Mandal, Nalgonda District.
AND
1. The State of Telangana, rep by its Principal Secretary, Civil Supplies Department Secretariat, Hyderabad.
. Petitioner
2. The Revenue Divisional Officer Deverakonda, Nalgonda District.
. Respondents.
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a proper writ order or orders, particularly one in the nature of Writ of Certiorari calling for the records pertaining to order bearing No. C/1852/2014 dated 13-11-2014 of the 2nd respondent and quash the same as arbitrary, illegal, against the principles of Natural Justice and also in violation of Clause 8 Proviso of the Andhra Pradesh Scheduled Commodities Dealers' (Licensing and Distribution) Order, 1982.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI M. RAMA RAO Advocate for the Petitioner and the G.P. for Civil Supplies(TG) on behalf of respondents, the Court made the following
ORDER :-
“A perusal of the impugned order bearing No.C/1852/2014, dated 13-11-2014, prima facie creates an impression to the Court that respondent No.2 has acted with malice and for extraneous reasons in placing the petitioner’s fair price shop authorization under suspension despite his own finding that the perusal of the sales register for the month of August, 2014, shows that the cardholders have affixed their signatures evidencing receipt of essential commodities. Having made such an observation, respondent No.2 has suspended the petitioner’s authorization only on the basis of the allegation made by certain cardholders that the essential commodities were not properly distributed by him.
In my prima facie opinion, such an approach of respondent No.2 is destructive of the doctrine of fair play. Respondent No.2 is, therefore, directed to be personally present before this Court on the next date of hearing and explain as to why the Court shall not direct initiation of disciplinary proceedings against him.
As the impugned order bearing No.C/1852/2014, dated 13-11-2014, passed by respondent No.2, is wholly unsustainable, the same is suspended, pending further orders.
Post on 08-12-2014.”
//TRUE COPY// ASSISTANT REGISTRAR for ASSISTANT REGISTRAR Contd..2..
- 2 -
To
1. The Principal Secretary, Civil Supplies Department, State of Telangana, Secretariat, Hyderabad.
(By Special Messenger with a copy of Petition & Affidavit)
2. The Revenue Divisional Officer Deverakonda, Nalgonda District.
(By Speed Post with a copy of Petition & Affidavit and with a direction to personally present before this Court on 08-12-2014 and explain as to why the Court shall not direct initiation of disciplinary proceedings against you)
3. Two CCs to the G.P. for Civil Supplies(TG), High Court at Hyd(OUT) (By Special Messenger)
4. One CC to Sri M. Rama Rao, Advocate(OPUC)
5. One spare copy. TKK HIGH COURT CVNR.J DT.28-11-2014.
ORDER W.P.No. 36528 of 2014 INTERIM SUSPENSION DRAFTED BY TKK DT.28-11-2014.
HIGH COURT CVNR.J DT.28-11-2014.
Note :- Post on 08-12-2014.
ORDER W.P.No. 36528 of 2014 INTERIM SUSPENSION