IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 19584 OF 2020

Between.

Smt.Chinna Nagamma, W/o. G.Naganna, Age 50 years, Occ F.P.Shop Dealer, F.P.Shop.No.1219007, R/o. B.T.Project Village, Gummagatta Mandal, Anantapur

...Petitioner

AND

• 1. The state of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.
• The District Collector, Anantapur District, Anantapur.
• 3. The Joint Collector, Anantapur District, Anantapur.
• 4. The Revenue Divisional Officer, Kalyandurg, Anantapur District. 5. The Tahsildar, Gummagatta Mandal, Anantapur District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly in the nature of Writ of Mandamus declaring the proceedings of 3^rd respondent vide Rc.No.K 11/2739/2019 dated 04.03.2020 in cancelling the Fair Price Shop Dealership held by the petitioner at B.T.Project Village (FP Shop No. 1212007), Gummagatta Mandal, Anantapur District without there being any valid reason, and without following any procedure under law as illegal, arbitrary and violative of principles of natural justice and violation of A.P. Targeted Public Distribution System (Control) Order, 2018 and violation of articles 14, 19(1)(g) and 21 of the Constitution of India and consequentially set aside the same and direct the 2^nd respondent to continue the petitioner to hold F.P. shop Dealership at B.T.Project Village (FP Shop No. 219007), Gummagatta Mandal, Anantapur District.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings of 3^rd respondent vide Rc.No.K 11/2739/2019 dated 04.03.2020 by directing the $5^{\text{th}}$ respondent to supply the essential commodities to the petitioner's fair price shop at B.T.Project Village (FP Shop No. 1219007), Gummagatta Mandal, Anantapur District, pending disposal of Writ Petition.

Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondents: GP FOR CIVIL SUPPLIES

The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No. 19584 of 2020

ORDER;

Constitution of India is filed seeking to declare the action of Respondent No.3 in passing final orders dated 04.03.2020 vide Rc.Kl1/2739-A/2019 by suspending the authorization of the petitioner Fair Price Shop No. 1219007 of B.T Project Village, District as illegal and arbitraiy. This Writ Petition under Article 226 of the

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents.

appointed as Fair Price Shop Dealer of B.T.Project Village(FP shop No. 1219007) Gummagatta Mandal, Anantapur District through proceedings of the 4th respondent dated 19.06.2014. Since from the date of appointment, the petitioner is running the Fair Price Shop and distributing the same to the cardholders without any The case of the petitioner is that the petitioner was

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Gummagattamandal issued in favour of Smt. Chinna Nagamma, permanent dealer is cancelled with immediate effect. Commodities in Contraventions of the clause 12(p3), 17 (C) of APS TPDS Control Order, 2018 and the authorization of cancelling the license of the petitioner on the ground that the petitioner has involved in Diversion of Scheduled complaints from the cardholders. While that being the position, basing on the report of the 5^^ respondent dated 11.09.2019, the 3"* respondent has issued the show-cause notice dated 04.10:2020 alleging some charges against the petitioner. After receiving the said notice, the petitioner has submitted his explanation to the said show-cause notice explaining that he has not contravened any clauses of A.P. Targeted Public Distribution System(control order,2018). The 3^^ respondent without appreciating the facts on record and even without affording any personal hearing, has straight away passed order the Fair Price Shop. No. 1219007 of B.T. Project,

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Learned counsel for the petitioner has submitted that appointment authority at any time in the public interest or suo-motu or receipt of the complaint, after making the suspend or cancel the authorization. enquiry as deemed necessary and by giving reasons can as per Clause 8(4) of the Control Order, 2018, the

In the instant case, without conducting any enquiry. basing on the report of the 5^** respondent, the 3'^^ respondent has straight away passed the cancellation order which is not only contrary to Clause 8(4) of the Control Order, 2018 but also contrary to the orders passed by this Court in various Writ Petitions.

The learned counsel for the petitioner further submits Vs. CollectorfCivil) Supplies, Mahaboobnagar and others^, this Court has categorically held that only based on the report submitted by the suspend the license. Even as per Control Orders, 2018, the authorities have to conduct independent enquiry for suspension or for cancellation. concerned officers, the authorities cannot cancel or that in G.Anjaneyulu

'2005(2) ALT 410

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respondents based on the averments made in the counter has submitted that based on the report of the 5*^ respondent, two charges has been framed against the petitioner. Learned Government Pleader appearing for the

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Charge No.l; that the Fair Price Shop dealer failed to maintain true and correct accounts in violation of Clause 12(P3) of APS TPDS (control) Order, 2018.

maintain adequate stocks of the schedule commodities and also failed to position the stocks in the other than the TOPS (Control) Order, 2018. premises authorized as specified in the <condition.No>. 17© of Form of Authorization(Clause 8 of APS Charge No.2: That the F.P Shop dealer failed to

It is further stated that Sri B.Ramachandra counsel 15.11.2019 stating that the allegations made in the charge are denied as not true and the dealer has distributed the commodities properly. It is further averred that according to Clause 29(a) of APS TPDS(Control) order, 2018, minor for. the Writ Petitioner filed a written explanation on

variation in respect of the single commodity up to 1.5 % may be allowed taking into consideration of transactions of one month. But, in the instant case, the variation is huge. Hence, the authorities have considered and passed the impugned orders dated 04.03.2020.

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Surprisingly, there is no response in the counter to the grounds raised by the learned counsel for the petitioner.

Learned Government Pleader is unable to place on record whether any enquiry has been conducted by the authorities before passing such orders.

Considering the submissions made by the learned counsel for the petitioner and on perusal of the record, as observed by this Court in W.No.13100 of 2015, solely on enquiry has been conducted by the respondents before passing the impugned order, the orders of the 3fd respondent dated 04.03.2020 is set aside. the ground that no

disposed of. No costs. With the above directions, this Writ Petition is

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Miscellaneous petitions pending, if any, in this Writ

Sd/- K.TATA RAO

SECTION OFFICER

DEPUT

EGISTRAR

Petition shall stand closed.

//TRUE COPY//

To,

• The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, 1. A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

• 2. The District Collector, Anantapur District, Anantapur.

• The District Collector, Analtapur District, Analtapur. The Joint Collector, Analtapur District, Analtapur. The Revenue Divisional Officer, Kalyandurg, Anantapur District.

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• 8. Two CD Copies

RAM

$KHTL$ gl

HIGH COURT

DATED:20/02/2023

ORDER

WP.No.19584 of 2020

DISPOSING OF THE WP WITHOUT COSTS