Smt. Kuna Padma v. The Collector (Civil Supplies), Karimnagar, Karimnagar District & Ors.
Case at a glance
- Decided
- 04 Aug 2009
- Bench
- GOPALA KRISHNA
Outcome
Disposed of
Accordingly, this writ petition is disposed of, at the
Provisions considered
Key paragraphs
- Para 66. Accordingly, this writ petition is disposed of, at the stage of admission, directing the Revenue Divisional Officer, Karimnagar, Karim Nagar District - 2nd respondent to complete the enquiry under Section 6-A of the Essential Commodities Act 1955, as expeditiously as possible, preferably within a…
Judgment
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15804 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondents in seizing rice, red gram dal and kerosene from her shop and withholding supply of essential commodities to her shop bearing No.1250 situated at Abadi Jammikunta, Karimnagar District, as illegal and arbitrary.
The facts of the case, in brief, are that the petitioner has obtained authorisation No.K/3027/2004 in the year 2004 in respect of fair price shop bearing No.1250 to supply essential commodities to the card holders of Abadi Jammikunta village, Karimnagar District. On 09.07.2009 the Assistant Supply Officer, Karimnagar District - 4th respondent has inspected the fair price shop of the petitioner, having found variation in the stocks of essential commodities, seized 3 quintals of PDS rice, 40 litres of kerosene and 2-13 quintals of red gram dal and also the relevant records, and later submitted a report to the Revenue Divisional Officer, Karimnagar District - 2nd respondent. Basing on the report of the 4th respondent, the 2nd respondent has issued a show cause notice on
22.07.2009 to the petitioner calling upon her to explain as to why her authorisation should not be cancelled, within a period of seven days after notice of the said notice. The 2nd respondent has also suspended her authorisation vide proceedings No.K/2612/2009, dated 22.07.2009. A case under Section 6-A of the Essential Commodities Act, 1955 also was registered against the petitioner. Being aggrieved by the oder dated 22.07.2009 of the 2nd respondent, the petitioner filed this writ petition.
The learned counsel for the petitioner has submitted that as the petitioner has been taking treatment for TVHA and CTB(N) in an hospital situated at Hanamkonda, Warangal District since 29.06.2009, she could not maintain the relevant records upto date, that the petitioner has submitted explanation on 30.07.2009 in detail to the authorities, but the same is pending, and that as per Clause 24 of A.P. State Public Distribution System (Control) Order 2008, the variation of 1.5% in a single commodity is permissible, and as such the variation noticed is minor in nature and does not warrant any disciplinary action against the petitioner.
The learned Government Pleader for Civil Supplies, on the other hand, has submitted that the 2nd respondent is holding an enquiry against the petitioner under Section 6-A of the Essential Commodities Act 1955.
Having considered the submissions made by both the learned counsel and as an enquiry is contemplated under the A.P.State Public Distribution system (Control) Order, 2008, this Court is of the view that this writ petition can be disposed of with a direction to the 2nd respondent to complete the enquiry as expeditiously as possible.
Operative part
Accordingly, this writ petition is disposed of, at the stage of admission, directing the Revenue Divisional Officer, Karimnagar, Karim Nagar District - 2nd respondent to complete the enquiry under Section 6-A of the Essential Commodities Act 1955, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. If for any reason, the enquiry is not completed within the said period of four weeks, the petitioner may be permitted to continue as Fair Price Shop Dealer. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 4th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15804 of 2009 (Disposed of) CBS 4th August, 2009
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this writ petition is disposed of, at the
Which statutory provisions did this judgment involve?
Essential Commodities Act, 1955.
Which court decided this case, and when?
Andhra Pradesh High Court, on 04 Aug 2009. The bench was GOPALA KRISHNA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.