Butti Raju v. The State Of Telangana
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
HIGH COURT FOR THE S r s pi i i J' b iid'i,,;IiIF".",: rlt"\A N GA N A FRIDAY, T-HE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND rWrrurV Or.tE'' --''
PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITIONNO:37365 OF 2021 Between:
B l l["T3',' vi', :r!"'i[r ffir.T i,il5ht t lE i?.,p"11 U n - e m p r o ve e, R/o H N o 3 - 7e, ...PETITIONER AND The State of Telanqana. RqO. bV.its principal Secretary, Consumer Affairs, Food and Civit Suppties, -secretaribt oi,iiol^s, iiIE[";jT3, The Joint Collector (C.S), Nizamabad District. The Revenue Divisional Officer, Armoor, Nizamabad District. The Tahsildar, Balkonda I\Iandal, Nizamabad District. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or writs order or direction more particularly one in the nature of WRIT OF IVANDAMUS declaring the action of the respondent no.3 cancelled the Authorization of Fair Price Shop No.
1805004 of Balkonda Village and N/andal, Nizamabad District vide Proceedings No.B3/3212020 on 0411012021 without giving any opportunity to submit an is illegal, arbitrary and violative of principles of natural justice and consequently set-a-side the Proceedings No. 8313212020, dt. 0411012021 passed by tfie 3rd respondent, in the interest of justice and equity. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to pass orders on the Appeal dt.1711112021 filed by the petitioner to retain the F.P. Shop No,1805004 of Balkonda village and lvlandal, Nizamabad District, forthwith, pending disposal of the above writ petition.
THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 3736s oF 2021 ORDER:
This Writ Petition is filed to declare the action of the respondent No.3 in cancelling the authorization of Fair Price Shop No.1805004 of Balkonda village and Mandal, Nizamabad District, vide proceedings clated 04.1O.2021 , without giving any opportunity to the petitioner, as being illegal, arbitrary and violative of principles of nat urai justice.
2.
I'Ieard learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of adrnission.
3.
Admittedly, being aggrieved by the order of the 3',r respondent dated 04.10.2021, the petitioner has filed an appeal as provided under the Telangana State public Distribution System (Control) Order, 2O18 before the 2"d respondent_ on 1T.ll.2O2l and the same is pending consideration. Having chosen to avail the remedy of appeal, he cannot be permitted to invoke the jurisdiction of this Court under Article 226 of t]ne Constitution of India and to travel on two boats.
4.
In view of the above, since the petitioner has already availed the alternative remedy by filing appeal, this Court is of the view that the 2"d respondent can be directed to consider and dispose of the appeal in accordance with 1aw within a period of two months from the date of receipt of a copy of this order.
Subject to the above direction, the Writpetition is disposed of. No order as to costs.
Mjscel.laneous petitions, if any, pending in the writ petition. shall stand closed.
SD/.B.SATYAVATHI A.SSISTANT REGISTRAR lt .t \..,.--- SECTION OFFICER To,
1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies State of Telangana, Secretariat building, Hyderabad T.S
2. The Joint Collector (C.S), Nizamabad District. \ ,TRUE COPY//
3. The Revenue Divisional Officer, Armoor, Nizamabad District.
4. The Tahsildar, Balkonda Mandal, Nizamabad District.
5. One CC to SRl. MOGILI ANAVENI , Advocate [OPUC]
6. Two CCs to GP FOR CIVIL SUPPLIES, High court for the state of Telangana at Hyderabad. [OUT]
7. Two CD Copies B. One Spare coPY ABBASI NPJ q ,J t:
, HIGH GOURT DATED i 3111212021 TAI.'
S € i{ q i c2 tEB 2tl?2
ORDER
WP.No.37365 of 2021 .t + D re,.. -f i'.
DISPOSING OF THE WRIT PETITION WTHOUT COSTS @w* ffi