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D. RAMESH
K. Venkata Lakshmi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The Writ Petition under Article 226 of the Constitution of India is filed seeking to declare the order issued by the 3rd respondent vide Ro.No.117-1/2021, dated 17.02.2022 cancelling the petitioner’s authorization for the fair price shop No.0316026, Gannavaram Village, Nathavaram Mandal, Visakhapatnam District contrary to the order passed by this Hon’ble Court in W.P.No.22594/2021 and without assigning any valid reasons and without following the procedure as contemplated under APSTPDS (Control) Order, 2018 as illegal and arbitrary.
2. Learned counsel for the petitioner has submitted that the impugned orders dated 10.08.2020 is contrary to the directions issued by this Hon’ble Court in earlier Writ Petition filed by the petitioner i.e., W.P.No.22594 of 2021. The said Writ Petition is disposed of on 06.10.2021, the operative portion reads as follows:
The cancellation of a fair price shop dealer's authorization without conducting a proper enquiry is illegal and arbitrary, and violates the principles of natural justice and the provisions of the APS....
The cancellation of a fair price shop dealer's authorization must adhere to natural justice and inquiry procedures, ensuring a fair hearing and proper assessment of justifications.
The main legal point established in the judgment is the requirement for proper enquiry and opportunity of personal hearing as mandated by the Control Order, 2018, and the violation of principles of n....
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