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 APSTPDS (Control) Order, 2018.

ORDER :

The Writ Petition under Article 226 of the Constitution of India is filed seeking to declare the action of the 3rd respondent in cancelling the authorization of the petitioner fair price shop No.1111016 of Uppathivaripalli Village, Badvel Mandal, YSR Kadapa District dated 03.03.2021, basing on the report of the 4th respondent is illegal and arbitrary.

2. By proceedings dated 21.12.2012, the petitioner has been appointed as fair price shop dealer. Initially the said proceedings were for a period of two(2) years and the same is being renewed from time to time. Accordingly, the petitioner is running the fair price shop without any remarks whatsoever from the 3rd parties or from the cardholders.

3. While being so, the 2nd respondent issued proceedings dated 07.12.2018, directing the petitioner to distribute essential commodities at Puttayapalli Gram Panchayat office for the convenience of the cardholders. As per the directions of the Commissioner of Civil Supplies dated 23.09.2018, the 2nd respondent has issued the proceedings dated 11.12.2018. According to the said instructions of the Commissioner of Civil Supplies, the 2nd respondent identified certain places i.e., hamlets/villages/thandas/AT and SC colonies etc., more than 1 km from the existing fair price shop for taking up the focussed distribution of essential commodities for two days i.e., on 14th & 15th of every month. According to the said proceedings of the 2nd respondent, the petitioner’s shop has to distribute essential commodities at Puttayapalli hamlet villages at MPP school, Puttayapalli. Accordingly, the petitioner has been distributing the essential commodities in the said places without any remarks. After change of the political parties in the State with an ulterior motive, some of the villagers are not permitting the petitioner to distribute the essential commodities at MPP School. In the said circumstances, the petitioner has made a Spandana complaint to the District Collector on 10.02.2020, wherein he has categorically brought to the notice of the authority that some of the 3rd parties are not allowing the petitioner to distribute the essential commodities at Puttayapalli village and also requested to provide one alternate room for keeping the stock and to distribute the essential commodities at Puttayyapalli.

4. Despite receipt of the said complaint, the respondents have not considered and not passed any order. While pending the said request, surprisingly the 3rd respondent has passed the present impugned orders on 03.03.2021.

5. Learned counsel appearing on behalf of the petitioner contended that the said impugned proceedings are contrary to the rules as well as the observations made by this Court in several Writ Petitions. Though, the orders are passed on 03.03.2021, but the said proceedings were served on the petitioner only on 10.11.2021. Till such time, the petitioner has been distributing the commodities to the cardholders. Learned counsel for the petitioner further submitted that on perusal of the impugned orders, clearly discloses that respondents have violated clause 8(4) of APSTPDS Control Order 2018, wherein it is specifically mandated that the respondents have to conduct a separate enquiry before cancelling/suspending the license or authorization. But in the instant case, the respondents have not conducted any enquiry, only based on the report of the Tahsildar dated 25.02.2020, issued notice/show cause notice and the petitioner has submitted his explanation. Even the said explanation was not considered.

6. Further the learned counsel for the petitioner submitted that the charges framed against the petitioner is weighed. The first charge is the fair price shop dealer has violated the clause 10(a) of the APSTPDS (Control) Order, 2018 for non opening of fair price shop during distribution days i.e., 15.01.2020 and 14.02.2020. The second charge is that the fair price shop dealer has violated the clause 22(1) of the APSTPDS (Control) Order, 2018 for