IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13127 of 2014 Between:
K.V.A. Prithvi Raj, S/o. Raj Kumar, Aged 26 years, D/o. 3-11, P.P. Road, Goraganamudi, Palakoderu Mandal, West Godavari District, Andhra Pradesh.
.. Petitioner AND The Government of India, Ministry of Consumer Affairs, Food and Public Distribution, Legal Metrology Division, Krishi Bhavan, New Delhi – 110 001, Rep. by its Secretary & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13127 of 2014 ORDER:
The case of the petitioner is that as per the provision under Section 24 of the Legal Metrology Act, 2009, any person in possession or custody or control of weights and measures required to have such weights and measures verified in a Government Approved Test Centre on payment of prescribed fee. Rule 5 of the Legal Metrology (Government approved test centre) Rules 2013 provides for establishment of Government approved test centre. In accordance with the said provision, the petitioner has applied for grant of approval for establishment of the test centre. On 01.10.2013, the petitioner applied to the 3rd respondent and the 3rd respondent has to process the same and with his remarks, forward it to the Joint Secretary, Department of Consumer Affairs, Food and Public Distribution, Legal Metrology Division (2nd respondent) and the 2nd respondent has to pass orders thereon.
2. Learned counsel for the petitioner submits that so far no orders are passed or communicated though as per the guidelines, within 45 days, the application is required to be disposed of.
3. Having regard to the aforesaid submissions, without expressing any opinion on merits, this Writ Petition is disposed of directing the Director, Legal Metrology, Department of Consumer Affairs, Krishi Bhavan, New Delhi (3rd respondent) to process the application submitted by the petitioner on 01.10.2013 and forward it to the Joint Secretary (2nd respondent) along with his remarks within a period of two (2) weeks from the date of receipt of a copy of this order and the 2nd respondent is directed to consider the said report of the Director, Legal Metrology (3rd respondent) and pass appropriate orders as warranted by law within a further period of four (4) weeks. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13127 of 2014 Date: 25th April, 2014 KL