HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22744 of 2014 Date: 12-08-2014 Between:
P. Lakshmi Eswaramma .. Petitioner AND The State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.22744 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the proceedings in Ref. No.D/2152/2013, dated 28-07-2014 issued by the 3rd respondent in suspending the petitioner’s fair price shop authorisation as arbitrary and illegal and for a consequential direction to set aside the same.
2. The case of the petitioner is that he is appointed as a fair price shop dealer of Shop No.2, Somireddypalli village, B. Mattam Mandal, YSR District on permanent basis in the year 2012 and has been distributing essential commodities to the card holders without any complaint. It is stated that the authorisation of the petitioner’s fair shop is suspended by the 3rd respondent vide his proceedings in Ref.No.D/2152/2013, dated 28-07-2014 on the ground of variations in the stock and the ground balance and also violation of the Control Order, 2008. Challenging the said proceedings, the present writ petition is filed.
3. Learned counsel for the petitioner submits that as per Clause 24 (1) of the A.P. Public Distribution System Order, 2008, the alleged variations are within the permissible limits and that in respect of Atta, the Panchanama shows the variation as 307 more, but the impugned proceedings show the same as 307 less. He further contends that the said trivial allegation for suspension of authorisation of the petitioner is not warranted.
4. On the other hand, the learned Assistant Government Pleader for Civil Supplies states that the petitioner has alternative remedy of appeal against the impugned proceedings before the competent authority.
5. Time and again, this court in K. Nirmala v. Revenue
[1]
Divisional Officer, Ananthapur and another held that suspension of authorisation cannot be made in a routine manner unless the fair price shop dealer is involved in commission of serious irregularities. In the instant case, the impugned proceedings do not show that the petitioner is involved in serious irregularities.
6. In view of the facts and circumstances, the impugned proceedings are liable to be set aside on the ground of principles of natural justice.
7. Accordingly, the impugned proceedings in Ref.D/2152/2013, dated 28-07-2014 issued by the 3rd respondent are set aside. However, it is open for the 3rd respondent to initiate enquiry and pass appropriate orders in accordance with law, after affording a reasonable opportunity of hearing to the petitioner. Till such orders are passed, the petitioner shall be continued as a fair price shop dealer so long as his authorisation is valid and subsisting.
8. 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: 12-08-2014 Ksn
[1] 2013 (1) Andhra Law Times 339