Telangana High Court
B.Anandam vs The State Of Telangana And 3 Others on 16 February, 2022
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.8164 of 2022
ORDER:
Heard the learned counsel for the petitioner and the learned
Government Pleader for Civil Supplies for the respondents. With
their consent, the Writ Petition is disposed of at the stage of
admission itself.
Aggrieved by the proceedings No.G/1497/2021 dated
30.11.2021 issued by respondent No.3 suspending the authorization
of the petitioner's Fair Price shop No.4017012, at Mohammadapuram
Village, Penpahad Mandal, Suryapet District, the present writ petition
is filed,
Learned counsel for the petitioner has stated that the Revenue
Divisional Officer has no power to suspend the authorization of the
petitioner's Fair Price shop, in view of the ratio laid down by this
Court in W.P. No.18818 of 2019 dated 29.08.2019 and
W.P. No.34114 of 2021 dated 16.12.2021 and therefore seeks to set
aside the impugned proceedings.
Per contra, the learned Government Pleader, on instructions,
has stated that pursuant to the enquiry conducted under Section 6-A
of the Essential Commodities Act, 1955, a report has been filed by
the Tahsildar and basing on the same, the Revenue Divisional Officer
has issued show cause notice-cum-temporary suspension and also
directed the petitioner to submit his explanation within a period of
seven days. Learned Government Pleader has further stated that
pursuant to the said show cause notice, the petitioner has submitted
his explanation and the same will be taken into consideration by the
authorities while passing the final orders. Learned Government
Pleader has further stated that in the F.I.R. filed against the
petitioner, charge sheet has also been filed. It is also contended that
as against the impugned suspension order, the petitioner has an
alternative and efficacious remedy of filing an appeal as per Clause
20 of the Telangana State Public Distribution System (Control) Order,
2016. Therefore, the Writ Petition is not maintainable.
A perusal of the material on record reveals that a criminal case
was initiated against the petitioner vide crime No.153/2021 of
Penpahad Police Station wherein after conducting due investigation,
Police have filed a charge sheet against the petitioner and two others
for the offences punishable under Sections 420, 406 of Indian Penal
Code and Section 7 of Essential Commodities Act, 1955. That apart,
it is stated that the petitioner has already submitted his explanation
to the show cause notice issued by the authorities and the impugned
order passed is only a temporary suspension of the petitioner,
pending further orders.
In the above circumstances, this Court is of the considered
opinion that it is apt to direct the Revenue Divisional Officer
concerned to consider the explanation submitted by the petitioner in
the light of the judgments passed by this Court in W.P. No.18818 of
2019 dated 29.08.2019 and W.P. No.34114 of 2021 dated 16.12.2021
and pass necessary orders thereon, strictly in accordance with law,
as expeditiously as possible, preferably, within a period of one week
from the date of receipt of a copy of this order.
With above directions, the Writ Petition is disposed of.
The miscellaneous petitions pending, if any, shall stand closed.
There shall be no order as to costs.
________________________
A.ABHISHEK REDDY, J
Date : 16.02.2022.
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