IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Sumitharamma W/o Ramabhupal Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment as fair price shop dealer. (Para 2) |
| 2. procedural challenges leading to cancellation order. (Para 3 , 4) |
| 3. counter affidavit contending irregularities and process. (Para 5 , 6) |
| 4. petitioner's arguments against the process followed. (Para 8 , 9 , 10) |
| 5. court’s observations on procedural fairness and enquiry. (Para 11 , 12) |
| 6. need for reasoned orders and thorough evaluation. (Para 13 , 14) |
| 7. writ petition allowed, previous orders set aside. (Para 15 , 16) |
ORDER :
“….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order passed by the 2nd respondent through petitioner appeal No. CS3/115/2020 dated 03.07.2020, thereby dismissing his appeal by confirming the order of the 3rd respondent in proceedings No.Rc.CS.3/124/2019 dated 23.03.2020, thereby cancelling petitioner authorization for the Shop No.I382150 of Kumool (urban), Kurnool District, as illegal, irregular, irrational, violative of principles of natural justice, provisions of the Essential Commodities Act, 1955 Andhra Pradesh State Public Distribution Control Order, 2008 and offends Articles 14, 19(1)(g) and 21 of Constitution of Indi
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 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....
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
A quasi-judicial authority must adhere to principles of natural justice, providing a fair hearing and recording reasons before passing adverse orders.
The cancellation of authorization of a fair price shop dealer without following due process of law is unsustainable. The authority must adhere to the fundamental ingredients of an enquiry, including ....
The cancellation of a Fair Price Shop dealer's authorization must follow due process, including a fair inquiry and provision of reasons, as mandated by the Control Order, 2018.
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