Prathmik Krishi Sakh Sahakari Samiti v. State of M. P.
2015-11-26
ALOK ARADHE
body2015
DigiLaw.ai
ORDER 1. With the consent of the parties, the matter is heard finally. 2. In this petition preferred under Article 226 of the Constitution of India, the petitioner has assailed the validity of the orders dated 21.8.2015 and 3.10.2015 passed by the competent authority as well as the appellate authority under the provisions of M.P. Public Distribution System (Control), Order, 2015. 3. When the matter was taken up today, learned counsel for the petitioner has raised singular contention that the Additional Collector had no authority in law to decide the appeal preferred by the petitioner and in view of section 2(c) of M.P. Public Distribution System (Control), Order, 2015, which expressly defines the appellate authority to mean, the Collector of the district. It is further submitted that under M.P. Public Distribution System (Control), Order, 2015, there is no provision of delegation of power. 4. Learned Government Advocate for the State is unable to dispute the aforesaid legal proposition. 5. I have considered the submissions made by the learned counsel for the parties. 6. From perusal of the order passed by the Additional Collector, it is evident that it is the stand of the appellate before the appellate authority that the Additional Collector has no authority to decide the appeal preferred under M.P. Public Distribution System (Control), Order, 2015. section 2(c) of M.P. Public Distribution System (Control), Order, 2015 expressly defines the appellate authority to mean the Collector of the district and in the absence of any delegation of power under the Control Order, it is evident that the Additional Collector had no authority to decide the appeal preferred by the petitioner and it is trite law that power conferred on the authority has to be exercised by that authority alone. (See the case of Commissioner of Police, Bombay v. Gordhandas Bhanji v. the State of Bombay [AIR (39) 1952 SC 16)]. 7. In view of the aforesaid enunciation of law, the impugned order dated 3.10.2015 is hereby quashed. The Collector, Datia is directed to decide the appeal preferred by the petitioner, expeditiously in accordance with law. 8. Accordingly, the writ petition is disposed of.