HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28143 of 2014 Date: 19-09-2014 Between:
D. Sukanya .. Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28143 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in issuing proceedings in R.C.No.1856/2014/F, dated 05-09-2014 suspending the authorisation of the petitioner as illegal and arbitrary and for a consequential direction to the respondents 3 and 4 to receive the Demand Drafts and release the stock to the petitioner.
2. The case of the petitioner is that she was appointed as fair price shop dealer of Shop No.99, Dharmavaram town on permanent basis and has been distributing essential commodities to the cardholders without any complaint. While so, the 3rd respondent issued show cause notice dated 05-09-2014 to the petitioner for which the petitioner submitted her explanation, but the 3rd respondent, without considering the explanation, issued the impugned proceedings suspending the authorisation of the petitioner. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. Learned counsel for the petitioner submits that the ground on which the authorisation of the petitioner’s fair price shop was suspended is that at the time of inspection, the petitioner was not present and did not open the shop and that the petitioner submitted her explanation for not opening the shop stating that she is not well. Learned counsel for the petitioner produced medical record and stated that without considering the medical record, the impugned order was passed.
5. On the other hand, the learned Assistant Government Pleader for Civil Supplies stated that the authorisation of the fair shop of the petitioner is valid up to 31-03-2014, as such, she cannot be permitted to run fair price shop beyond 31-03-2014.
6. A perusal of the impugned proceedings dated 05-09-2014 shows that the fair price shop of the petitioner was suspended after issuing notice, but the explanation submitted by the petitioner is not considered in proper perspective and the impugned order does not indicate the period of suspension nor is stated that it is pending enquiry and hence, the impugned proceedings are liable to be set aside.
7. Accordingly, the writ petition is allowed setting aside the proceedings in R.C.No.1856/2014/F, dated 05-09-2014 issued by the 3rd respondent. However, it is open for the 3rd respondent to pass appropriate orders in accordance with law. Till then the petitioner shall be continued as fair price shop dealer of the subject shop. No costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 19-09-2014 Ksn