IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, J.
Chitti Ramamurthy – Appellant
Versus
State of Andhra Pradesh – Respondent
W.P. No. 39929 of 2017
Decided On : 10-03-2023
Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 - Essential Commodities Act, 1955 – Section 6A - Fair Price Shop - Variation in stocks - Authorization cancelled - Writ petition is filed to issue writ of certiorari to call for records relating to order passed by 2nd respondent thereby, confirming order passed by 3rd respondent, while confirming proceedings of 4th respondent and set aside same as illegal, arbitrary – Held, Petitioner admitted that due to crowd at time of distribution and lack of assistance in fair price shop, he could not enter distributed stocks in registers without obtaining any signatures and thumb impressions and also considering 6A case under provisions of Essential Commodities Act, 1955 has rightly passed impugned order of cancellation of authorization of petitioner’s Fair Price Shop - Appellate and revisional authorities have conducted enquiry and after affording opportunity of personal hearing to petitioner held that charges held against applicant are grave in nature and rightly dismissed appeal and revision - Thus, contention of counsel for petitioner that no proper enquiry was conducted and no opportunity was given to petitioner and petitioner’s explanation was not considered is unsustainable and has no legs to stand - Impugned orders are perfectly legal, valid and warrant no interference - Writ Petition is dismissed.
ORDER:
This writ petition is filed to issue writ of certiorari to call for records relating to the order in D.Dis.SR(A)No.09/2017/S2 dated 15.07.2017 passed by the 2nd respondent thereby, confirming the order in D.Dis.SR(A)No.09/2016/S2 dated 27.2.2017 passed by the 3rd respondent, while confirming the proceedings Rc.No.176/2014/CS, dated 12.08.2016 of the 4th respondent and set aside the same as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 (for short ‘Control Order, 2018).
2. The petitioner is a permanent Fair Price Shop Dealer of Shop No.29 of Lankam Village, Srikakulam Rural Mandal, Srikakulam District appointed in the year 1985 and since then, he has been distributing the essential commodities to the cardholders without any complaint from any quarter. While things stood thus, on 21.01.2015, the Inspector of Police, Vigilance and Enforcement Department along with Village Revenue Officer and Revenue Inspector (CS), inspected the petitioner’s Fair Price Shop and verified the stocks available in the shop and found variations in the stocks and prepared mediatornama and submitted a report to the Tahsildar, Srikakulam stating that at the time of inspection, on verification of the records they found variation in stocks viz., (1) PDS Rice 45.99 Qtls; (2) deficit Sugar 1.82 Qtls; (3) Chandranna Sankranthi Kanukalu (Free of cost) RG Dall 183 kgs; (4) P. Oil 185 ltrs; (5) Atta 370 kgs; (6) Bengalgram 183 kgs; (7) Jaggery 183.5 kgs; (8) Ghee 54.700 grams and initiated 6-A proceedings. The 4th respondent issued a show-cause notice dated 03.02.2015 asking the petitioner to submit explanation as to why his authorization should not be cancelled. The petitioner submitted his explanation to the show-cause notice on 20.02.2015 stating that the commodities were distributed to the cardholders properly, but due to crowd at that time and due to lack of assistance in the fair price shop, he was unable to enter the distributed stocks in the concerned registers and he could not obtain signatures or thumb impressions properly at that time and all of a sudden, the respondent authorities visited the shop and seized the registers. Again, the Revenue Divisional Officer – 4th respondent issued notice dated 02.03.2015 asking the petitioner to appear in person on 09.03.2015 and accordingly, he appeared in person and denied the false charges leveled against him and requested to drop further proceedings. However, the 4th respondent issued proceedings dated 31.03.2015 cancelling the petitioner’s Fair Price Shop authorization. Aggrieved by the same, the petitioner filed W.P.No.12251 of 2015 and the combined High Court, by order dated 24.04.2015, passed orders in W.P.M.P.No.16157 of 2015 suspending the operation of the impugned order dated 31.03.2015. Subsequently, the said Writ Petition was disposed of on 07.07.2015 setting aside the cancellation order dated 31.03.2015 and remanded the matter for conducting fresh enquiry and pass appropriate orders within three months from the date of receipt of copy of the order. Pursuant to the orders of this Court, the 4th respondent issued fresh show-cause-notice dated 13.08.2015 to the petitioner, to which he submitted his explanation on 24.08.2015 denying the allegations made therein. Thereafter, the 4th respondent passed orders dated 12.08.2016 cancelling the petitioner’s Fair Price Shop authorization. Against the said cancellation order, the petitioner preferred an appeal before the Joint Collector along with the stay petition. When no orders passed, the petitioner filed W.P.No.43614 of 2016 and the combined High Court, by order dated 15.12.2016 disposed of the writ petition directing the 2nd respondent therein to dispose of the appeal filed by the petitioner within a period of eight weeks. The 2nd respondent therein dismissed the appeal by proceedings dated 27.02.2017. Aggrieved by the said orders, the petitioner filed Revision bef
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....
Point of Law : Cancellation of petitioner’s authorization on the ground that charge No.5 was proved, which is grave in nature, could not find merit consideration as per Clause 24 of the Control Order....
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