HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15290 of 2010
Date: April 15, 2014
Between:
Kothakota Nagaraju.
… Petitioner And
1. The Revenue Divisional Officer, Tekkali, Srikakulam District & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15290 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.
2. The petitioner is a fair price shop dealer of Jakkara Village, Kanchili Mandal, Srikakulam District, and the Deputy Tahsildar, Kanchili, conducted an inspection of the petitioner’s fair price shop on instructions of the Revenue Divisional Officer, Tekkali on 13.11.2009 on the ground that the petitioner committed certain irregularities in public distribution system in the village while distributing the essential commodities for cardholders for the month of November 2009. During the inspection he found certain variation in stocks. Accordingly, the stock in the fair price shop was seized and a case under Section 6-A of the Essential Commodities Act, 1955, was registered before the Joint Collector, Srikakulam. At the time of filing of the counter-affidavit it was under enquiry. The authorization of the petitioner was suspended pending enquiry by orders of the 2nd respondent dated 14.12.2009. A show cause notice was issued to the petitioner on 02.01.2010 and the petitioner submitted his explanation denying the charges. Since the explanation submitted by the petitioner was not convincing, the authorization of the petitioner’s fair price shop was cancelled by proceedings dated 25.12.2009. Challenging the same, he filed an appeal before the 2nd respondent and when the same was pending, he filed the present writ petition.
3. In view of the pendency of the appeal, this writ petition is not maintainable and accordingly the same is dismissed giving liberty to the petitioner to pursue the remedy of appeal pending before the 2nd respondent. The interim suspension granted by this Court on 25.12.2009 shall continue till disposal of the appeal by the 2nd respondent. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 15, 2014 BSB
67 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.15290 of 2010
Date: April 15, 2014
BSB