HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25947 of 2010
Date: April 15, 2014
Between:
Marni Rama Tulasamma.
… Petitioner And
1. State of Andhra Pradesh, Rep. by its Joint Collector, East Godavari District at Kakinada & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25947 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.
2. The petitioner was appointed as a fair price shop dealer of shop No.39 of Nelaparthipadu Village, Ramachandrapuram Mandal, East Godavari District, by the first respondent through regular process and authorization was also issued to her which was renewed from time to time. While so, on 18.07.2009 an inspection was conducted and a case was registered against the petitioner under Section 6-A of the Essential Commodities Act, 1955. Pursuant to the said case, the Joint Collector passed final orders confiscating the entire stock vide order dated 24.03.2010. Challenging the said order, the petitioner filed an appeal before the Principal District and Sessions Court, East Godavari at Rajahmundry, in Criminal Appeal No.103 of 2010 and at the time of filing the writ petition the said appeal was pending.
3. While so, the 2nd respondent herein issued a show cause notice on 04.08.2010 to the petitioner for cancellation of her authorization of fair price shop. The petitioner submitted her explanation. After receiving the explanation, the 2nd respondent passed final orders on 13.08.2010 restoring the authorization which was suspended pending enquiry by imposing fine of full trade deposit and with a warning to be more careful in future. Surprisingly, the said proceedings were cancelled by order dated 07.10.2010 on the purported report of the Tahsildar, Ramachandrapuram, and the Tahsildar was directed to make alternative arrangements by appointing Geetha Mahila Sakthi Sangham on temporary basis. The said order was suspended by this Court on 20.10.2010.
4. A perusal of the order dated 07.10.2010 shows that no notice was issued before cancelling the proceedings dated 13.08.2010 and the said order who passed on the report of the Tahsildar, Ramachandrapuram and it has nothing do with the proceedings for cancellation of authorization. A final order was already passed by the 2nd respondent on 13.08.2010 with regard to cancellation of authorization proceedings by duly restoring the same. The 2nd respondent became functus officio by passing an order dated 13.08.2010. If at all the said order has to be varied, it has to be varied by the higher authorities, but not by the 2nd respondent.
5. In the circumstances, the writ petition is allowed and the order dated 07.10.2010 of the 2nd respondent is set aside. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 15, 2014 BSB
63 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.25947 of 2010
Date: April 15, 2014
BSB