The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31565 of 2014 Dated 18.11.2014 Between: Smt.B.Chittemma …Petitioner And The State of Andhra Pradesh, Rep. by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) dept., Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.K.Srinivas Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the order in L.Dis.No.B/8121/2014, dated 26-09-2014, passed by respondent No.2 whereby he has cancelled the petitioner’s authorization in respect of Fair Price Shop No.23 of Ramireddipalle Village of Puthalapattu Mandal (appears to have been wrongly typed as fair price shop No.31 in the penultimate paragraph of the impugned order).
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP), has fairly conceded that the impugned order cannot be sustained for the reason that the same was not preceded by any notice to the petitioner and no evidence, in support of the charges levelled against him that he has not been maintaining timings and has been selling sugar and atta at higher prices than the prescribed ones, has been referred to therein. He has further submitted that he will advise the respondent concerned not to pass orders, such as the impugned one, in future.
In the light of the above fair concession of the learned Assistant Government Pleader, the impugned order in L.Dis.No.B/8121/2014, dated 26- 09-2014, passed by respondent No.2, is set aside by administering caution to him not to resort to passing the orders of termination of authorizations of the fair price shop dealers, without giving them an opportunity of being heard, on frivolous and imaginary grounds.
The Writ Petition is allowed accordingly.
As a sequel, WPMP.No.39461 of 2014, filed by the petitioner for interim relief, is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 18th November, 2014
LUR