THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38622 of 2014 Dated: 16.12.2014 Between:
Yellampalli Satyanarayana .. Petitioner and State of Andhra Pradesh, Rep. by its District Collector (C.S. Wing) Prakasam District, Ongole, and others.
.. Respondents Counsel for the petitioner: Mr. M. Brahma 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 R.C.F/4193/2014 dated 10.11.2014 of respondent No.2, whereby he has cancelled the petitioner’s fair price shop authorization.
Inasmuch as the petitioner is stated to have filed an appeal before the Collector (Civil Supplies), I refrain from adjudicating on the legality or otherwise of the impugned order passed by respondent No.2. However, for the limited purpose of examining whether the petitioner is entitled to an interim order pending appeal, I have examined the impugned order, a perusal of which would show that out of four charges, the impugned order of cancellation was passed only on charge No.1, namely; 5.16 quintals of rice was found in excess in the petitioner’s fair price shop. With reference to the said charge, the petitioner has explained that out of 5.16 quintals of rice, 4.81 quintals of rice was meant for mid-day meal scheme and that as the said quantity was not lifted by the school, it was available in the shop. The only ground on which respondent No.2 has cancelled the petitioner’s authorization is that the said quantity of 4.81 quintals was not shown as closing balance. Even if the said charge is finally held as proved, the extreme penalty of cancellation of petitioner’s authorization is wholly disproportionate to the alleged charge, as the petitioner is not found to have indulged in the direct acts of misappropriation of the essential commodities by diverting the same into black market.
In the above view of the matter, the impugned order dated 10.11.2014 of respondent No.2 is suspended pending appeal before the Collector (C.S.), Prakasam District.
The writ petition is accordingly allowed to the extent indicated above.
As a sequel to the allowing of the writ petition, W.P.M.P.No.48356 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 16th December, 2014 IBL