HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4808 of 2014 Date: 02-06-2014 Between:
Ch. Vijaya Kumari .. Petitioner AND The Government of Andhra Pradesh, represented by its Secretary, Consumer Affairs Food and Civil Supplies (CS.I) Department, Hyderabad and 4 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.4808 of 2014 ORDER:
This writ petition is filed for declaring the action of the 4th respondent in cancelling the authorisation of the petitioner temporarily by his proceedings in Rc.No.378/2013/B, dated 11-12- 2013 as illegal and arbitrary and for a consequential direction to set aside the same.
2. The case of the petitioner is that the petitioner was appointed as a Fair Price Shop dealer in the year 2005 and distributing essential commodities to cardholders to Terala village, Durgi Mandal, Guntur District without any remarks. It is stated that basing on the report dated 04-12-2013 of the Deputy Tahsildar, Civil Supplies, Gurajala against the petitioner alleging violation of A.P.S.P.D.C. (Control) Order, 2008, the authorisation of fair price shop of the petitioner was temporarily suspended until further orders vide proceedings in Rc.No.378/2013/03, dated 11-
12-2013 pending enquiry. Aggrieved by the said proceedings, the present writ petition is filed.
3. Learned counsel for the petitioner submits that though the authorisation of fair price shop of the petitioner is suspended on 11-12-2013, no further enquiry is conducted and no final orders are passed till now. He further contends that even the impugned proceedings are passed without giving any reasonable opportunity for submitting an explanation and that the impugned proceedings are passed without any application of mind.
4. The authorisation of fair price shop of the petitioner is suspended vide proceedings dated 11-12-2013 pending enquiry and no enquiry is conducted and no final orders are passed till today. Even the impugned order does not show that the suspension of the authorisation of the fair price shop is for a specific period. This Court held in D. Sambasiva Rao v. Joint
[1]
Collector and others that the authorisation of the petitioner cannot be continued for an indefinite period. Therefore, the impugned order is liable to be set aside.
5. Accordingly, the proceedings in Rc.No.378/2013/03, dated 11-12-2013 issued by the 4th respondent-Revenue Divisional Officer, Gurajala are set aside. However, it is open for the 4th respondent to pass appropriate final orders after affording a reasonable opportunity of submitting his explanation as well as hearing the petitioner, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of the order. Till such orders are passed, the petitioner shall be continued as a fair price shop dealer.
With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions if any pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 02-06-2014 Ksn
[1] 2007 (6) Andhra Legal Decisions 239