HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33202 of 2014 Date:06.11.2014 Between:
V.Raghavendra Prasad, S/o V.Rajeswara Rao And The State of A.P., reptd., by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
Counsel for the petitioner: Smt G.Jhansi Counsel for the respondents: AGP for Civil Supplies (Telangana State) The Court made the following:
.. Petitioner .. Respondents ORDER:
This Writ Petition is filed for a Mandamus to set aside order in proceedings, vide Rc.No.1654/2014/K, dated 15.07.2014, of respondent No.3, whereby he has suspended the petitioner's fair price shop authorization.
The petitioner pleaded that against the order impugned in this Writ Petition, he has filed an appeal before respondent No.2 along with stay application and that as no order has been passed on the stay application, he is constrained to file the present Writ Petition.
At the hearing, Smt G.Jhansi, learned counsel for the petitioner, submitted that though a larger prayer in the Writ Petition is sought, as the appeal filed questioning the order of respondent No.3 is pending before respondent No.2, her client will be satisfied if this Court considers granting an interim relief pending the appeal before respondent No.2.
In the light of the above submission, I have examined the impugned order passed by respondent No.3. On such perusal, it is evident that respondent No.3 has suspended the petitioner's fair price shop authorization mainly on two grounds, viz., (1) that the petitioner has misused 36 kgs of rice and 8 packets of sugar; and (2) that the petitioner was making fictitious entries in rice sales register in respect of 8 card holders who died.
As regards the allegation relating to variations in rice and sugar, respondent No.3 has not referred to the total stocks supplied, the sales and the ground balance. However, the petitioner has filed the challan pertaining to allotment of rice and sugar to him for the month of June, 2014, which shows that 62 quintals of rice and 3 quintals of sugar were allotted.
Under Cause-4 of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, the variation in the quantities is permissible up to 1.5%. Considering the stocks supplied to the petitioner, the variations of rice and sugar pointed out by respondent No.3 in the impugned order are well within the permissible limits.
As regards the alleged fictitious entries in the rice sales register made in the name of the dead persons, the petitioner has categorically explained, both before respondent No.3 as well as this Court, that the family members of the dead persons have insisted for supply of the essential commodities and that, accordingly, they have received those commodities.
In my opinion, both the grounds on which the petitioner's fair price shop authorization has been suspended are not serious enough warranting such suspension. Therefore, the impugned order of respondent No.3 is suspended pending appeal before respondent No.2.
The Writ Petition is, accordingly, allowed to the extent indicated above.
As a sequel, WPMP.No.41525 of 2014, filed by the petitioner for interim relief, is disposed as infructuous.
(C.V.NAGARJUNA REDDY, J)
06h November 2014
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