Point of Law - Order impugned is not in existence and the writ petition has become infructuous as the present cancellation order was passed by issuing show-cause notice and by considering the explanation as per the provisions of Clause 8(4) of the Control Order, 2018, and prayed to dismiss the writ petition.

ORDER :

The petitioner, who is a permanent Fair Price Shop dealer, filed this writ petition questioning the proceedings dated 25.07.2019 passed by the 2nd respondent, whereby the 5th respondent was appointed as a temporary Fair Price Shop dealer for Shop No.1062036 of Thotakanuma Village, Venkatagiri Kota Mandal, Chittoor District terminating the temporary Fair Price Shop dealer by name Smt. Suseelamma W/o.K.N.Balasundaram, on temporary arrangement, without issuing notice and without following the procedure as contemplated under the provisions of Clause 8(4) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 (for short ‘Control Order, 2018’), as illegal and arbitrary.

2. The case of the petitioner is that she was appointed as a permanent Fair Price Shop dealer for Shop No.1062036 of Thotakanuma Village, Venkatagiri Kota Mandal, Chittoor District. She was also issued authorization and the same is valid upto 31.03.2020. Since then, she has been running the shop as per the instructions issued by the authorities from time to time and distributing the essential commodities without any complaint. While things stood thus, on 12.07.2019, the revenue authorities inspected her shop and verified all the records and stock position. But, the authorities had not found any irregularities in running the shop and no variations were found in respect of the stock available in the shop and e-Pos machine. However, the authorities are not releasing essential commodities to her shop without any suspension or cancellation of her authorization. Hence, she filed W.P.No.12119 of 2019 and the same was disposed of on 11.09.2019 directing the respondent-authorities to supply the essential commodities to her shop as long as her authorization is in force. Then, the 5th respondent filed petitions seeking to implead and recall the order dated 11.09.2019 and the same were served on her counsel on 27.09.2019. Then only, she came to know about the impugned termination order passed by the 2nd respondent. Challenging the impugned order dated 25.07.2019, the present writ petition is filed on the ground that no show-cause notice was issued, no opportunity was given and no enquiry was conducted before passing the impugned order.

3. The 2nd respondent filed counter stating that when the revenue authorities inspected the shop on 12.07.2019, the petitioner’s mother was distributing the essential commodities in the capacity of nominee of Fair Price Shop dealer and at that time, some of the cardholders were also complained to them that the Fair Price Shop dealer is not coming to the shop since three months and her mother Suseelamma alone is distributing the essential commodities without maintaining the time prescribed by the Government. A preliminary report was submitted by the Inspecting authorities stating that the dealer was absent since long time and recommended for alternate arrangements for providing temporary dealer instead of continuing the nominee and as such, the inspecting authorities have not examined the other issues of subject shop. As per the orders of this Court dated 11.09.2019 passed in W.P.No.12119 of 2019, the petitioner is continuing as Fair Price Shop dealer. The petitioner filed the said writ petition suppressing the impugned termination order dated 25.07.2019. Based on the report submitted by the Tahsildar, V.Kota, the Collector (Civil Supplies), Chittoor considering the major irregularities as the Fair Price Shop dealer is not running the shop in the village after getting married and has thrown the entire burden of shop on her mother, which caused much hardship to the cardholders who are the entire stakeholders of the Public distribution system, passed the order duly terminating the authorization of the Fair Price Shop dealer by mentioning the name of the nominee by name Smt. Suseelamma as Fair Price Shop dealer instead of petitioner by name K.N.Mohana Priya D/o.K.N.Balasundaran, due to the reason that only nominee w