HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.335 of 2014 Date: 22-01-2014 Between:
Swapna .. Petitioner AND The Government of Andhra Pradesh, represented By its Principal Secretary, Consumer Affairs and 3 others .. Respondents HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 335 of 2014 ORDER:
This writ petition is filed seeking a mandamus for declaring the proceedings in Rc.No.D1CS/4819/2013, dated 21-12-2013 issued by the 2nd respondent-Joint Collector, Ananthapur, suspending the petitioner’s authorization of fair price shop No.36, Chennempalli village, B.K. Samudram Mandal, Ananthapuram District as illegal and arbitrary and for setting aside the said proceedings.
2. The case of the petitioner is that she was appointed as the Dealer of the Fair Price Shop No.36, Chennempalli Village, B.K.Samudram Mandal, Anantapur District on temporary basis by the proceedings dated 14.08.2004 issued by the 3rd respondent- Revenue Divisional Officer, Ananthapur. Since the date of appointment, she has been distributing the essential commodities to the cardholders without any complaints. It is stated that while things stood thus, on 21-12-2013, the 3rd respondent issued proceedings in Rc.No.D1CS/4819/2013 suspending the authorization of the petitioner on the ground that the fair price shop of the petitioner is being run by one binami namely Sri Viswanatha Reddy instead of the petitioner. Aggrieved by the same, the present writ petition has been filed.
3. Learned counsel appearing for the petitioner submits that the said Viswanatha Reddy is the brother-in-law of the petitioner and as per G.O.Ms.No.4, dated 19.02.2011 under clause 13, it is stated that a women Fair Price Shop dealers may take the assistance of their family member(s) whose name or names are to be included in the dealer’s supply card. It is also contended that there are no serious allegations levelled against the petitioner apart from the above ground.
4. Heard the learned Assistant Government Pleader for Civil Supplies.
5. The only ground on which the authorization of the petitioner’s fair price shop was suspended is that the fair price shop is being run by one benami by name Viswanatha Reddy. Learned counsel for the petitioner submits that the said person is none other than brother-in-law of the petitioner and as per G.O.Ms.No.4, dated 19.02.2011, the petitioner is entitled for assistance from the family members for running the fair price shop. Only the petitioner’s authorization has been suspended and the enquiry is yet to commence and no serious allegations are alleged against the petitioner for not supplying of essential commodities.
6. This Court on many occasions held that suspension cannot be resorted to against the fair price shop dealers unless there are serious allegations against them. In view of the same, the suspension of authorization of the fair price shop of the petitioner cannot be resorted to, and accordingly, the proceedings dated 21-12-2013 are set aside. However, it is open for the 3rd respondent to conduct enquiry and pass appropriate orders and till such enquiry is completed, the petitioner shall be continued as dealer of fair price shop.
With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
A.RAJASHEKER REDDY, J Date: 22-01-2014 Ksn