The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31283 of 2014 Dated 18.10.2014 Between:
Smt.P.Lakshmi And The Govt. of A.P., Rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.N.Ranga Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in issuing the proceeding in Roc.B/8112/2014, dated 26-09-2014, suspending the petitioner’s authorization in respect of fair price shop No.75, Cherlopalle Village of Chittoor Mandal, as illegal and arbitrary. I have heard Mr.N.Ranga Reddy, learned Counsel for the petitioner.
The impugned order of suspension is part of a series of orders being passed by the licensing authorities on flimsy and imaginary grounds. The only reason for suspension of the petitioner’s authorisation is that the fair price shop is being run by a benami person viz., Sri Muniraja. As held by this Court in Thyrumala Setty Phanindra vs. District Collector (CS), Guntur District & others, the allegation of this nature can be adjudicated only after enquiry. In my opinion, such an allegation ipso facto does not warrant immediate suspension of the fair price shop authorisation in the absence of any other contraventions such as variation in stocks, non-distribution or improper distribution of essential commodities to the card holders etc. In this view of the matter, the impugned order passed by respondent No.2 vide Roc.B/8112/2014, dated 26- 09-2014, is set aside.
The Writ Petition is, accordingly, allowed.
As a sequel, WPMP.No.39103 of 2014, filed by the petitioner for interim relief is disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 18th October, 2014
LUR