Writ Petition No. 16269 of 2009 · Andhra Pradesh High Court
Case at a glance
- Bench
- GOPALA KRISHNA TAMADA
Provisions considered
Judgment
Cause title
Between: M.Srinivas S/o. Bhoomaiah Shop No. 11, of Luxettipet Village, Luxettipet (M), Adilabad District. ..... PETITIONER
AND 1 The Collector (CS) Adilabad, Adilabad District. 2 The Deputy Tahsidar ( Enforcement ) Luxettipet, Luxettipet (M), Adilabad District. 3 The Tahsildar, Luxettipet, Luxettipet (M), Adilabad District. .....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in registering the 6A case and the action of the 1st respondent in passing the order in 6A Case No. CS6/548/2009 dated 05.08.2009 as arbitrary, illegal, without jurisdiction and violative of Article 14, 1991)(g) and 21 of the constitution of India and consequently set aside the order in 6A Case No. CS6/548/2009, dated 05.08.2009 passed by the 1st respondent and direct the 3rd respondent to permit the petitioner as Fair Price Shop Dealer of Shop No. 14 and I-Charge dealer of Shop No. 11 as usual and pass such other order or orders as the Hon’ble Court deem fit and proper. Counsel for the Petitioner: MR.CHANDRAIAH SUNKARA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16269 of 2009
ORDER:
This writ petition is filed seeking a Writ of Mandamus declaring the action of the 2nd respondent in registering the 6A case and also the action of the 1st respondent in passing the order in 6A Case No. CS6/548/2009 dated 05.08.2009, as arbitrary and illegal and consequently set aside the same and direct the 3rd respondent to permit the petitioner as Fair Price Shop Dealer of Shop No. 14 and in charge dealer of Shop No.11 as usual. The petitioner was appointed as fair price shop dealer of shop No.14 of Luxettipet village, Adilalabad district in the year 2006 by the Revenue Divisional Officer, Mancherial. Subsequently, the 2nd respondent herein visited the business premises of the petitioner on
05.08.2009 and seized the stocks on the ground that there are certain variations in the stocks and accordingly the 2nd respondent registered a case under Section 6A of the Essential Commodities Act. Thereafter, the 1st respondent issued the impugned order directing the 3rd respondent to dispose of the seized stocks through PDS and remit the sale proceeds into the revenue deposits head of account. Heard both sides. Since the proceedings under Section 6A of the Essential Commodities Act have been initiated, this Court is of the view that this writ petition can be disposed of with a direction to the petitioner to approach the 1st respondent-District Collector and offer his explanation, within a period of two weeks from the date of receipt of a copy of this order and on such explanation being received, the 1st respondent-District Collector shall complete the proceedings under Section 6-A of the Essential Commodities Act 1955, within a period of four weeks thereafter. Since the seized stocks are directed to be distributed among the card holders, the 3rd respondent may get the seized stocks distributed to the card holders, but, however, the sale proceeds shall be kept in fixed deposit pending consideration of the said proceedings. The writ petition is accordingly disposed of. No order as to costs. ___________________________ (GOPALA KRISHNA TAMADA, J) 07-08-2009 Note: C.C. in three days. (Bo) Gsn.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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