HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.Nos.31497, 32718, 33149, 33714, 33875 and 33878 of 2014 Date : 17-11-2014 W.P.No.31497 of 2014:
Between :
C. Yerriswamy ..
Petitioner And The State of Andhra Pradesh, Represented by its Secretary, Consumer Affairs, Food and Civil Supplies (CS.I) Department, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner : Mr. K. Srinivas Counsel for respondents : Government Pleader for Civil Supplies The Court made the following :
COMMON ORDER:
All these Writ Petitions have been filed assailing the final orders of termination of fair price shop authorisations of the petitioners passed by the Revenue Divisional Officer, Kalyandurg-respondent No.3, except in W.P.No.31497 of 2014, wherein he is arrayed as respondent No.2. As all the orders are identical in their form as well as content, this Court directed the incumbent of respondent No.3 to be personally present to explain as to how he found identical violations against all the dealers. Accordingly, he is personally present and sought to justify his action. However, he has candidly admitted that no independent enquiry has been held into the allegations and that the impugned orders have been passed only based on the report of the Tahsildar.
The orders terminating the authorisations will result in serious adverse consequences to the petitioners. In my opinion, the termination of the authorisations of the petitioners merely based on the purported inspection report cannot be sustained in law. Therefore, the impugned orders are set-aside.
The Writ Petitions are accordingly allowed.
As a sequel to the disposal of the Writ Petitions, WPMP Nos.39372, 40911, 41471, 42168, 42378 and 42381 of 2014 filed in the respective Writ Petitions are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 17-11-2014 AM