THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38644 of 2014 Dated: 16.12.2014 Between:
Smt. S. Mattamma .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretry, Civil Supplies Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. Ch. C. Krishna 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 set aside proceedings in Rc.No.1456/2014/B dated 04.09.2014 of respondent No.2, whereby he has suspended the petitioner’s fair price shop authorization, pending enquiry.
The allegations on which the petitioner’s authorization has been suspended are as follows:
“1. Basing on the report of the Deputy Tahsildar, Machavaram, inspected to Shop No.07, the F.P. Shop dealer is not observing official timings and causing inconvenience to the card holders in getting E.Cs.
2. The F.P. Shop Dealer is flexi indicating the Toll Free number is not exhibited in the business premises.
3. Stock-cum-price board has not exhibited in the business premises.”
At the hearing, the learned Assistant Government Pleader for Civil Supplies (A.P.) has fairly conceded that the suspension of the petitioner’s authorization on the said charges is contrary to the judgments of this Court in K. Nirmala v. Revenue Divisional Officer, Ananthapur, Thyrumala Setty Phanindra v. District Collector (CS), Guntur District and S. Babjan v. The Government of A.P. rep. by its Principal Secretary, Civil Supplies Department and others.
In view of the above, the impugned order is set aside.
Respondent No.2 is restrained from continuing further proceedings based on the above-mentioned charges.
The writ petition is accordingly allowed.
As a sequel to the allowing of the writ petition, W.P.M.P.No.48381 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 16th December, 2014 IBL