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K. SARATH
Badavath Sarada – Appellant
Versus
State of Telangana – Respondent
ORDER :
K.Sarath, J.
This Petition is filed questioning the order vide Rc.No.D/3666/2015 dated 27.02.2017, issued by the 2nd respondent-Revenue Divisional Officer with regard to the cancellation of authorization of the petitioner’s Fair Price Shop No.35028, Sarvaram Village, Sujatha Nagar of Bhadradri Kothagudem District.
2. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for respondents and perused the material on record.
3. Learned counsel for the petitioner submits that the petitioner has been appointed as Fair Price Shop Dealer for F.P.Shop No.35028, Sarvaram Village, Sujatha Nagar of Bhadradri Kothagudem District, since 1993. While it being so, a show-cause notice dated 08.12.2016 was issued to the petitioner with regard to cancel the authorization of the petitioner on the ground that husband of the petitioner is a Government employee. In response to the same, the petitioner has submitted her explanation dated 29.12.2016 to the respondent No.2.
4. Learned counsel for the petitioner further submits that as per G.O.Ms.No.12 dated 06.03.2012, the respondent No.2 has issued another show-cause notice dated 07.02.20
The cancellation of Fair Price Shop dealership based on a spouse's government employment was ruled arbitrary as the applicable G.O. was not retrospective.
Point of Law - Order impugned is not in existence and the writ petition has become infructuous as the present cancellation order was passed by issuing show-cause notice and by considering the explana....
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....
Fair-price shop licenses cannot be awarded to family members of Gram Pradhan; cancellation without a fair hearing is arbitrary and unlawful.
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....
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 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 ....
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