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2019 Supreme(AP) 274

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
P. Mohanamba – Appellant
Versus
State of Andhra Pradesh and Ors. – Respondents
WP No. 19905 of 2019
Decided On : 19-12-2019

Advocates:
Advocate Appeared:
For the Appellant : M.M.M. Srinivasa Rao
For the Respondents: Government Pleader

Headnote:

Constitution of India,1950 - Article 226 - Andhra Pradesh State Targeted Public Distribution System - Clause of Control Order, - Permanent Fair Price Shop - Recorded satisfactory - Show-cause notice - Petitioner is a permanent Fair Price Shop Dealer for Shop situated at Chittoor District, obtained authorization under Clause of Control Order, which is valid upto - It is further submitted that, in meanwhile for convenience to cardholders, shop was shifted to Thnnmireddipalle Village as per proceedings issued by Revenue Divisional Officer, Chiltoor, appointing authority as per Control Order – Held, Petitioner filed to direct respondents to supply stock to petitioner, as her authorization is still subsisting and said writ petition was disposed - Courts or Quasi Judicial or Administrative Authorities should record reasons for its conclusions, whether disposing of case at admission stage or after regular hearing - Apex Court also referred various judgments in Siemens Engineering and Manufacturing Co. of India Ltd. v. Union of India and another, AIR Gurdial Singh Fijji v. State of Punjab, and other judgments in and others, Chabungbambohal Singh v. Union of India, and Hindustan Times Limited v. Union of India, concluded that absence of reasoning as to mandatory requirement of provision which conferred jurisdiction on quasi-judicial authority or a Court or administrative authority is mandatory - Writ petition is allowed

ORDER:

M. Satyanarayana Murthy, J.

1. This writ petition is filed under Article 226 of the Constitution of India to issue writ of mandamus, declaring the order issued by the second respondent (C1)/802/2019 dated 2.12.2019 cancelling the authorization of the petitioner's Fair Price Shop No. 1049046 situated at Pedakantipalle Village, G.D. Nellore Mandal, Chittoor District, without assigning any valid reasons and without following the procedure as contemplated under Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2008 (for short 'Control Order') and consequently set aside the same.

2. The petitioner is a permanent Fair Price Shop Dealer for Shop No. 1049046 situated at Pedakantipalle Village, G.D. Nellore Mandal, Chittoor District, obtained authorization under Clause 5 of the Control Order, 2008 which is valid upto 31.3.2021. It is further submitted that, in the meanwhile for convenience to the cardholders, the shop was shifted to Thnnmireddipalle Village as per proceedings dated 4.3.2016 issued by the Revenue Divisional Officer, Chiltoor, appointing authority as per Control Order, 2008.

3. Earlier, this petitioner filed WP No. 14312 of 2019 to direct the respondents to supply stock to the petitioner, as her authorization is still subsisting and the said writ petition was disposed of on 23.9.2019 directing the authorities to supply essential commodities to this petitioner.

4. While so, on 29.10.2019, the second respondent/Joint Collector issued show-cause notice by framing vague charges alleging that this petitioner is not adhering to the timings, selling other commodities, abusing the cardholders etc. Pursuant to the show-cause notice, the petitioner submitted her reply on 6.11.2019 denying various charges framed against her in the show-cause notice. But the second respondent/Joint Collector passed a cryptic order on 2.12.2019 cancelling the authorization of this petitioner, which is impugned in this writ petition.

5. It is contended that the order passed by the Joint Collector is at the instance of political leaders and the order is cryptic and without assigning any reason and thereby, it is vitiated by irregularities and consequently, requested to set-aside the same. However, in support of his contention, learned Counsel for the petitioner contended that the cryptic impugned order is passed at the behest of the political leaders and placed on record a letter addressed by Sri K. Narayana Swamy, Hon'ble Deputy CM., Minister for Excise & Commercial Taxes, Government of Andhra Pradesh, Velagapudi, Amaravathi to the Joint Collector, Chittoor, requesting to appoint permanent dealers and change the fair price shop to the convenient place in the village. For better appreciation of the facts, the undated letter addressed by the Hon'ble Deputy CM. to the Joint Collector, Chittoor, filed as additional material paper in IA No. 2 of 2019 in this writ petition is taken on record and the same is reproduced in toto:

6. Whereas, learned Government Pleader for Civil Supplies contended that, the impugned order is in consonance with the Control Order, 2008 and in view of the serious irregularities committed by this petitioner listed from 1 to 4 in the show-cause notice, having satisfied that there is sufficient material to prove the charges framed against this petitioner, recorded satisfactory finding that the charges were proved, thereby the order cannot be set aside by this Court.

7. The appointment of this petitioner as Fair Price Shop dealer, issue of show-cause notice, submission of reply to the show-cause notice, passing order impugned in this writ petition, cancelling the authorization of this petitioner are not in dispute.

8. The core contention of the learned Counsel for the petitioner Sri M.M.M. Srinivasa Rao is that the impugned order was passed at the instance of Sri K. Narayana Swamy, Hon'ble Deputy Chief Minister and Minister of Excise & Commercial Taxes, Government of Andhra Pradesh and the same is supported by th

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