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2023 Supreme(AP) 1481

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
GANNAMANENI RAMAKRISHNA PRASAD, J.
Smt. M.P. Rani, W/o. R.C. Seenappa - Petitioner
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Hyderabad & Ors. - Respondents
Writ Petition No. 36386 of 2014
Decided On : 12-10-2023

Advocates Appeared:
For the Petitioner: Sri K. Ramamohan.
For the Respondents: Sri G. Raju, Learned Assistant Government Pleader for Civil Supplies.

The dismissal of a writ petition due to the petitioner's repeated non-appearance in hearings illustrates the necessity of adherence to principles of natural justice in administrative proceedings.

Headnote:(A) Writ of Mandamus - Cancellation of Fair Price Shop Authorization - Principles of Natural Justice - The authorization of the Writ Petitioner as a Fair Price Shop Dealer was revoked due to grave violations, including unauthorized sales and failure to maintain stock records - The court emphasized adherence to procedural fairness in quasi-judicial proceedings - The Petitioner failed to attend hearings, undermining her position, leading to dismissal of the petition for being an abuse of process. (Paras 4, 20, 29)

(B) Principles of Natural Justice - The court highlighted the importance of affording opportunities to present a case before passing adverse orders, reinforcing that a fair hearing is imperative in administrative decisions affecting rights. (Paras 10, 27)

Facts of the case:
The Writ Petitioner, a Fair Price Shop Dealer since 1996, faced cancellation of authorization due to allegations of irregular stock management and unauthorized sales, which she contested based on procedural violations in the hearings conducted.

Findings of Court:
The court upheld the cancellation of authorization as the charges against the Writ Petitioner were proven beyond reasonable doubt, affirming that all procedural safeguards were overlooked by her.

Issues: Whether the cancellation of authorization was conducted in violation of principles of natural justice and if the evidence against the Petitioner was sufficient.

Ratio Decidendi: The court established that the repeated non-appearance of the Petitioner in hearings precluded her claims against procedural unfairness, thereby affirming the decision of the District Collector.

Result: Writ Petition dismissed with costs.

Table of Content
1. writ petitioner's history with fair price shop authorization. (Para 2 , 3 , 4)
2. counsel's arguments against cancellation of petitioner's authorization. (Para 5 , 6)
3. government's evidence supporting claims against petitioner. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. rejoinder concerning contradictory statements from witnesses. (Para 13 , 14)
5. court's initial observation on lack of inquiry into cancellation. (Para 16 , 17 , 18 , 19)
6. court's verification of evidence against petitioner. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27)
7. final dismissal of writ petition and costs imposed. (Para 29)

ORDER :

Gannamaneni Ramakrishna Prasad, J.

Heard Smt. Y. Mahalakshmi, Learned Counsel appearing on behalf of Sri K. Ramamohan, Learned Counsel for the Writ Petitioner and Sri G. Raju, Learned Assistant Government Pleader for Civil Supplies.

2. The prayer sought in this Writ Petition is as under:

    It is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of mandamus, declaring the order of cancellation passed by the 4th respondent in R.O.C.No.A3/2430/2004 dt. 27.12.2006 as confirmed by the 3rd respondent vide Proceedings D.Dis.No C1/150/2007 dt. 21.11.2007 as well as the Impugned Order of the 2nd respondent dt. 13.10.2014 vide D.Dis.No.(C1)/351/2008 as arbitrary, illegal, contrary to law and violative of principles of natural justice and set aside the same and pass such order or orders as this Honble Court deems fit and proper in the circumstances of the case.”

FACTUAL SUBMISSIONS OF LD. COUNSEL FOR WRIT PETITIONER:

3. Smt. Y. Mahalakshmi, Learned Counsel appearing for the Writ Petitioner has submitted the facts to the effect that the Writ Petitioner was a Fair Price Shop Dealer since 07.06.1996; that Respondent No.4 issued Show Cause Notice basing on the Report of the Respondent No.5; that consequently, the Sub-Collector has cancelled the Authorization of the Writ Petitioner in Roc.No.A3/2430/2004 on 27.12.2006 (Ex.P.1); that Petitioner filed an Appeal which was dismissed by the Respondent No.3 by Order dated 21.11.2007 (Ex.P.2); that in the Revision Petition filed by the Writ Petitioner, the Respondent No.2 granted Interim Stay on 12.12.2007 (Ex.P.4); that basing on the Interim Order granted by Respondent No.2 in the Revision Petition, the Respondent No.5 has released the stock on 21.01.2008; that the District Collector finally dismissed the Revision Petition on 09.02.2008 (Ex.P.5); that the Petitioner filed W.P.No.6389 of 2008 along with W.P.M.P.No.8346 of 2008; that on 27.03.2008, this Court passed an Interim Order (Ex.P.7) staying the Orders of the District Collector passed in the Revision Petition with a direction to supply the Essential Commodities; and that, the Interim Order dated 27.03.2008 was made absolute in W.V.M.P.No.3054 of 2008 on 13.09.2010 (Ex.P.8).

4. Learned Counsel for the Writ Petitioner has further submitted that this Hon’ble Court by an Order dated 26.02.2014, had disposed of W.P.No.6389 of 2008 (Ex.P.9) by setting aside the Order passed by the District Collector in the Revision Petition by directing the District Collector, to issue Notice to the Writ Petitioner and dispose of the Revision Petition within a period of six months; that the District Collector and Respondent No.2, in compliance with the Orders of this Court, fixed a date for hearing on 13.06.2014; thereupon the Respondent No.2 had issued Notice to the Writ Petitioner on 15.06.2014 indicating that the hearing will take place on 21.06.2014; the Respondent No.2 sent another Notice on 23.06.2014 indicating that the hearing in the Revision Petition will take place on 28.06.2014; that on 28.06.2014, the Respondent No.2 issued Notice and adjourned the matter to 07.07.2014 since neither the party nor the Counsel were present; that when none appeared even on 07.07.2014, the Respondent No.2 posted the matter to 14.08.2014; that the Respondent No.2 again issued Notice on 14.0

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