The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36268 of 2014 Dated 27.11.2014 Between: B.Veeranna …Petitioner And The State of A.P., Rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 3 others.
…Respondents Counsel for the petitioner: Mr.S.D.Gowd 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 proceeding in Rc.No.1551/2014 E, dated 29-10-2014, issued by respondent No.3, whereby he has cancelled the petitioner’s authorization in respect of fair price shop No.30 of Mayadarlapalli Village, Kundurpi Mandal, Anantapur District.
A perusal of the impugned proceeding shows that respondent No.3 has framed as many as five charges.
The learned Assistant Government Pleader for Civil Supplies (AP) conceded that none of these charges are specific and that no evidence has been relied upon by respondent No.3 in support of his findings that these charges have been proved.
A perusal of the impugned proceeding does not show that respondent No.3 has made any independent enquiry. Instead, it reveals that respondent No.3 has blindly relied upon the Tahsildar’s report, dated 16-10-2014. As the whole procedure followed by respondent No.3 is contrary to Clause 5 (5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, the same cannot be sustained.
For the above-mentioned reasons, the impugned proceeding in Rc.No.1551/2014 E, dated 29-10-2014, issued by respondent No.3, is quashed and the fair price shop authorization of the petitioner stands restored. The respondents are directed to allow the petitioner to function as the fair price shop dealer.
The Writ Petition is, accordingly, allowed.
As a sequel, WPMP.No.45401 of 2014, filed by the petitioner for interim relief, is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 27th November, 2014
LUR