THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.34837 of 2014
Dated:25.11.2014
Between:
Battula Mallikarjuna Rao, S/o B.Chinna Veeraiah ….Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
… Respondents Counsel for the petitioner: Sri T.Niranjan Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not continuing the petitioner as authorised fair price shop dealer in respect of Shop No.8 of Muppavaram Village and Post, Kondepi Mandal, Kandukur Revenue Division, Prakasam District, and instead, making alternative arrangement in respect of the said fair price shop, as illegal and arbitrary.
The petitioner has pleaded that his fair price shop authorization was subsisting till 31.03.2015; that in the month July, 2014, respondent No.5 has visited his fair price shop and forcibly made him to sign on a purported letter of resignation, assuring him that as there is a change in Government, the influential persons will be accommodated for a period of 3 to 4 months as dealers and that thereafter, the petitioner can resume his functions as fair price shop dealer. As the petitioner’s fair price shop dealership has not been restored, he made representation, dated 21.10.2014, to the Joint Collector, Prakasam District, with copies marked to the Revenue Divisional Officer, Kandukur Division and Mandal Revenue Officer, Kondepi Mandal, with a request to restore his fair price shop authorization. As the petitioner has not received any response from neither of the said functionaries, he filed this Writ Petition.
On 20.11.2014, this Court has adjourned the case to enable the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) to produce the record. The record is, accordingly, placed before the Court at the hearing.
I have carefully perused the record. A perusal of the record shows that respondent No.4 has issued proceedings in Rc.B./144/2014, dated 22.07.2014, wherein while taking note of the purported resignation of the petitioner, he has entrusted the distribution of essential commodities in respect of fair price Shop No.8 of Muppavaram Village and Post, Kondepi Mandal, Kandukur Revenue Division, Prakasam District to Smt P.Chandrika for the month of August, 2014.
In the light of the grievance of the petitioner that he was forcibly made to sign on the purported resignation and as, respondent No.3 has not, so far, accepted the said resignation, the said respondent is directed not to act upon the purported resignation of the petitioner. He is further directed to continue the petitioner as fair price shop dealer by ignoring the purported resignation. The District Collector, Prakasam District is directed to hold a thorough, impartial and comprehensive enquiry into the conduct of respondent No.5, wherein he shall give a notice to the petitioner, personally record his statement, take into consideration the complaint of the petitioner and take an appropriate action as directed in order, dated 20.11.2014, in Writ Petition No.34825 of 2014. He shall complete this exercise within a period of two months from the date of receipt of a copy of this order.
The Writ Petition is, accordingly, allowed.
As a sequel, WPMP.No.43582 of 2014 is disposed of as infructuous.
JUSTICE C.V. NAGARJUNA REDDY 25th November, 2014 DR