HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24088 of 2014 Date: 01-09-2014 Between:
Sadhupathi Rama Rao .. Petitioner AND The State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24088 of 2014 ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents 2 and 3 in not releasing essential commodities in favour of the petitioner without any valid reasons and in not taking any action on the petition dated 07-01-2014 by completing the enquiry as illegal and arbitrary and for a consequential direction to respondents 2 and 3 to release the essential commodities in favour of the petitioner.
2. The case of the petitioner is that he was appointed as a permanent Fair Price Shop dealer for Shop No.29, Kopparam village, Santhamuguluru Mandal about 20 years back and has been distributing commodities to the cardholders since then without any complaint. While so, pursuant to the report dated 27- 08-2011 of the Food Inspector, Addanki, stating that the petitioner committed certain irregularities, the 2nd respondent vide proceedings in Rc.No.G/3636/11, dated 06-09-2011 suspended the authorisation of the petitioner. The petitioner was also issued a show cause notice in Rc.No.G/3636/2011, dated 06-09-2011 to which the petitioner submitted his explanation on 13-05-2013, but no orders are passed by the 2nd respondent as on date. The authorisation of the petitioner’s fair price shop is being kept under suspension without any reason and without passing any orders. 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 though the authorisation of the petitioner is suspended on 06-09-2011, the respondent authorities are neither passed any orders nor revoked the suspension orders.
5. Time and again, this Court in D. Sambasiva Rao v. Joint
[1]
Collector and others held that the authorisation of the fair price shop dealer cannot be kept under suspension for an indefinite period. In the present case, the suspension order was passed way back on 06-09-2011 but the respondents have not passed any orders nor revoked the suspension orders and the action of respondents in keeping the authorisation of the petitioner under suspension without any reason for an indefinite period. On that ground alone, the impugned proceedings are liable to be set aside.
Accordingly, the writ petition is allowed setting aside the proceedings issued by the 2nd respondent in Rc.No.G/3636/11, dated 06-09-2011. However, this order will not preclude the competent authorities from passing appropriate orders pursuant to the show cause notice dated 06-09-2011 after affording a reasonable opportunity of hearing to the petitioner. Till such necessary orders are passed, the petitioner shall be continued as a fair price shop dealer of the subject shop. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 01-09-2014 Ksn
[1] 2007 (6) Andhra Law Times 239