THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35851 of 2014 Dated: 25.11.2014 Between:
C. Linga Reddy .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. K. Narsi Reddy Counsel for the respondents: A.G.P. for Civil Supplies (AP) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside proceedings in Rc.No.1157/2014 E dated 10.11.2014 of respondent No.4, whereby he has cancelled the petitioner’s fair price shop authorization on the alleged variations in stocks, which are either well within the permissible limits or marginally in excess thereof.
Besides the fact that the nature of the allegations does not warrant cancellation of the petitioner’s authorization, respondent No.4 has committed another serious illegality in not considering the petitioner’s explanation, by observing that the same has not been submitted by the petitioner. The petitioner has specifically pleaded that in response to show-cause notice dated 09.08.2014, he has sent his explanation on 20.08.2014 through registered post. In proof of his plea, the petitioner has furnished a photocopy of the postal receipt showing that the mail was booked on 20.08.2014. The impugned order was passed more than two months after sending of the explanation by the petitioner.
On the above facts of the case, the impugned order passed by respondent No.4 is wholly unsustainable and the same is accordingly set aside. As the allegations on which the proceedings have been initiated are too trivial, respondent No.4 is directed not to initiate fresh proceedings on the same allegations.
The writ petition is accordingly allowed. As a sequel to the allowing of the writ petition, W.P.M.P.No.44869 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 25th November, 2014 IBL