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VENKATESWARLU NIMMAGADDA
Jakku Saraswathi – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
VENKATESWARLU NIMMAGADDA, J. - Since the issue to be resolved in these three writ petitions and the parties to the proceedings are the same, I deem it appropriate to dispose of these three writ petitions by way of this common order.
2. For the sake of convenience and to avoid ambiguity in the discussion, the parties are referred to hereinafter as they are arrayed in W.P.No.13425 of 2022.
3. In brief, the facts are that the 1st petitioner and the 2nd petitioner are wife and husband. The 1st petitioner is the daughterin-law of one Smt. Jakku Atchayamma, who died on 10/3/2020. The 7th respondent is the authorized Fair Price Shop Dealer of Shop No.0315012, Jogampet Village, Golugonda Mandal, Visakhapatnam District. While so, the Assistant Supply Officer, Narsipatnam Division, had submitted a report to the 5th respondent against the 7th respondent, basing on the complaints given by the cardholders of the village that the 7th respondent has been drawing the rice of the deceased units and diverting the stock without the knowledge of cardholders and misusing the PDS commodities in violation of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 (for short 'th
The competent authority has the power to restore the authorization of a fair price shop dealer after suspension, and a temporary dealer has no locus standi to challenge the restoration of the authori....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
since the suspension was during pendency of the inquiry initiated against the petitioner and a final order was passed, the petition became infructuous and this Court need not advert to various conten....
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
exercise of the power by the 2nd respondent in cancelling the authorizations of the petitioners by setting aside the order passed by the RDO restoring the authorizations is found to be justified.
The disciplinary authority must conduct a fair enquiry and consider the dealer's explanation before suspending authorization, in compliance with the relevant provisions of the Control Order, 2018.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to be heard before any cancellation of authorization can occur.
The court established that fair price shop dealers must be afforded a proper inquiry and opportunity to defend against charges before cancellation of their authorization.
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