HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33905 of 2014 Date:11.11.2014 Between:
M.Ravi, S/o Late M.Palaiah . Petitioner And:
The Govt of AP, reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Kothapalli Ram Mohan Chowdary Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside proceedings in Rc.No.930/2014E, dated 30.08.2014, of respondent No.3, whereby he has cancelled the petitioner’s fair price shop authorization.
A perusal of the impugned order shows that respondent No.3 has cancelled the petitioner’s fair price shop authorization without holding any enquiry and solely basing on the report, dated 10.07.2014, of the Tahsildar, Gummagatta.
Sri Kothapalli Ram Mohan Chowary, learned counsel for the petitioner, stated that his client was not supplied with the alleged report of the Tahsildar nor any independent enquiry was conducted by respondent No.3 before passing the impugned order.
Learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) has not disputed these submissions. He has, however, submitted that respondent No.3 has received show cause notice from this Court and that he will be careful in dealing with the fair price shop dealers in future.
Inasmuch as the impugned order was not preceded by holding of an enquiry by respondent No.3, the same is set aside. Respondent No.3 is directed to hold an enquiry, wherein he shall supply a copy of report, dated 10.07.2014, to the petitioner. He shall record the statement of the petitioner in the enquiry and examine the entire record. He shall make a rational and objective approach in examining the charges framed against the petitioner with reference to the explanation offered by the petitioner and the statement that may be made by him in the enquiry. At the end of the enquiry, respondent No.3 shall pass a speaking order and communicate the same to the petitioner. Till this exercise is completed, the petitioner shall be permitted to function as fair price shop dealer.
Subject to the above observations and directions, the Writ Petition is allowed.
As a sequel, W.P.M.P.No.42416 of 2014 is disposed of as infructuous.
11th November 2014 DR JUSTICE C.V.NAGARJUNA REDDY