HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25274 of 2014 Date: 01-09-2014 Between:
G. Saraswathi .. Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue (Civil Supplies) Department, Secretariat, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25274 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the 2nd respondent in terminating the petitioner’s fair price shop dealer of Shop No.5, Palem Gollapalle, H/o B. Yerragudi, L.R. Palle Mandal, YSR District vide his proceedings Ref.No.C/752/2014, dated 18-08-2014 as illegal and arbitrary and for a consequential direction to continue the petitioner as fair price shop dealer.
2. The case of the petitioner is that he was appointed as fair price shop dealer of Shop No.5, Palem Gollapalle, H/o B. Yerragudi, L.R. Palle Mandal, YSR District on temporary basis by the 2nd respondent vide his proceedings Ref.No.C/650/2003, dated 09-10-2007 for a period of three months, which is being extended from time to time up to 31-12-2014 and has been distributing essential commodities to the cardholders without any complaint.
While so, the 2nd respondent issued proceedings vide Ref.No.C/752/2014, dated 18-08-2014 terminating the authorisation of the petitioner without issuing any notice or conducting any enquiry. 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 authorisation of the petitioner’s fair price shop was terminated by the 2nd respondent without issuing any notice or conducting any enquiry, which is illegal and arbitrary.
5. In the instant case, the impugned proceedings do not indicate that the petitioner was issued any notice before issuing impugned proceedings terminating the authorisation basing on the report of the Tahsildar, L.R. Palli, amounting to gross violation of principles of natural justice and hence, the impugned proceedings of the 2nd respondent are liable to be set aside on that ground.
6. In view of the above, the proceedings of the 2nd respondent in Ref.C/752/2014, dated 18-08-2014 are set aside. However, this order will not preclude the 2nd respondent from passing appropriate orders afresh after issuing notice and affording a reasonable opportunity of hearing to the petitioner.
With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 01-09-2014 Ksn