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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
B. Vijaya Kumar S/o Pompathi – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. suspension without enquiry leads to arbitrary action. (Para 2) |
| 2. arguments presented regarding the suspension's legality. (Para 3 , 4 , 5) |
| 3. court's observations on timely enquiry. (Para 6 , 7) |
| 4. court's final ruling on revocation of suspension. (Para 8) |
ORDER :
“..to issue order or direction more particularly in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the order of the 4th respondent dated 13.05.2025 vide Rc.(M).1206/2025 by suspended the authorization of F.P. Shop No.1381001 of Yemmiganur Town and Mandal, Kurnool District as illegal, arbitrary, violation of principles of natural Justice and violation of articles 14, 19(1)(g) and 21 of the Constitution of India and consequentially set aside the above orders passed by the respondents 3 and 4 and direct the respondents to permit the Petitioner to run the F.P. Shop No.1381001 of the Yemmiganur Town and Mandal, Kurnool District by supplying essential commodities and pass such other order or orders…”
a. The petitioner was initially appointed as a fair price shop dealer for shop No.1381001 at Yammiganur Town and Mandal, Kurnool District, in the year 2007. As the petitioner was s
A suspension order without timely enquiry is arbitrary and violates principles of natural justice.
Suspension of dealership authorization under the Essential Commodities Act requires a fair enquiry and substantiation of charges by the appointing authority.
Authorities must provide reasoned orders when suspending a dealer's authorization, ensuring fair consideration of explanations submitted.
Suspension of fair price shop authorization requires adherence to principles of natural justice, including proper enquiry and reasoned decisions.
Indefinite suspension of a fair price shop dealer without a concluded inquiry violates natural justice and statutory provisions.
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....
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.
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