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Mohd. Hameed Vs. Collector, Hyderabad and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. Nos. 2539, 3601, 4733, 4947, 5089, and 5128 of 1972
Judge
Reported inAIR1974AP119
ActsConstitution of India - Articles 19(1) and 226
AppellantMohd. Hameed
RespondentCollector, Hyderabad and ors.
Appellant AdvocateRai Shankar Pershad and ;H. S. Gururaja Rao, Advs.
Respondent Advocate3rd Govt. Pleader
Excerpt:
.....of petitioner cannot be cancelled till completion of enquiry - order of cancellation quashed and government directed to complete enquiry. - motor vehicles act (59 of 1988)section 149 (2): [v. gopala gowda & jawad rahim, jj] insurers entitlement to defend the action joint appeal by insured and insurer - held, the language employed in enacting sub-section (2) of section 149 appears to be plain and simple and there is no ambiguity in it. it shows that when an insurer is impleaded and has been given notice of the case, it is entitled to defend the action only on grounds enumerated in sub-section (2) of section 149 of the act, and no other grounds are available to it. the insurer is not allowed to contest the claim of the injured or heirs of the deceased on other grounds, which are..........on the ground of certain alleged irregularities. aggrieved by the said orders, they filed these writ petitions . orders of suspension were passed by this court pending disposal of the writ petitions suspending the impugned orders. when these petitions came up for disposal on previous occasions, i adjourned the cases with a direction to the government to complete the enquiry into the charges against the petitioners; but though the matter has been adjourned from time to time, no information is forthcoming as to whether any enquiry was over. even today no information has been placed before me as to the stage at which the enquiry stands. it is always open to the government to conduct any enquiry into the charges and pass appropriate orders. till such orders are passed, there is no.....
Judgment:
ORDER

1. These writ petitions involve a similar point.

2. The petitioners are owners of fair price shop for selling essential commodities. Their licences were cancelled on the ground of certain alleged irregularities. Aggrieved by the said orders, they filed these writ petitions . Orders of suspension were passed by this Court pending disposal of the writ petitions suspending the impugned orders. When these petitions came up for disposal on previous occasions, I adjourned the cases with a direction to the Government to complete the enquiry into the charges against the petitioners; but though the matter has been adjourned from time to time, no information is forthcoming as to whether any enquiry was over. Even today no information has been placed before me as to the stage at which the enquiry stands. It is always open to the Government to conduct any enquiry into the charges and pass appropriate orders. Till such orders are passed, there is no justification for cancelling the petitioner's licences.

3. I therefore, allow these writ petitions subject to the above directions. There will be no order as to costs. Government Pleader's fee Rs. 100/-.

4. Petitions allowed.


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