HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33765 of 2014 Date:11.11.2014 Between: Shaik Bajee, S/o Ismail . Petitioner And:
The State of Telangana, reptd by its Principal Secretary, Food and Consumers Affairs, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Ms K.Hemalatha Counsel for Respondent Nos.1 to 3: GP for Civil Supplies (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.2, in disposing of the petitioner’s application filed for release of his auto bearing registration No.AP 20 TC 1929, as illegal and arbitrary.
I have heard Ms K.Hemalatha, learned counsel for the petitioner and learned Government Pleader for Civil Supplies (Telangana State).
This Court has been receiving many Writ Petitions of this nature complaining inaction of the Joint Collectors in exercising their jurisdiction under Section 6-A of the Essential Commodities Act, 1955 in considering the applications filed for release of the seized vehicles and seized stocks.
In my opinion, the failure of these functionaries in passing orders within a reasonable time is forcing the aggrieved parties to approach this Court needlessly. This is not only resulting in unnecessary and avoidable expenditure to the citizens but also adding unnecessary pressure on this Court. Failure of the Joint Collectors to pass orders within a reasonable time must be construed as a failure to discharge their statutory functions.
Learned Government Pleader for Civil Supplies (Telangana State) submitted that he will advise all the Joint Collectors in the State to show reasonable dispatch in disposing of the interim applications for release of the seized vehicles and stocks.
As the petitioner’s application stated to have been filed before respondent No.2 on 22.10.2014, which was received on 01.11.2014, has not been disposed of despite expiry of 11 days, respondent No.2 is directed to consider and pass appropriate orders on the petitioner’s application, dated 22.10.2014, within a period of three days from the date of receipt of a copy of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, W.P.M.P.No.42235 of 2014 is disposed of as infructuous.
11th November 2014
DR
JUSTICE C.V.NAGARJUNA REDDY