ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“..to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent in issuing show cause notice in Rc.No.2379/2021/C dt:20.11.2021 is illegal arbitrary in violation of principles of natural justice and in violation of Art.14 of the Constitution of India and consequently direct the respondents 3 and 4 to allow the petitioner to distribute the essential commodities to the card holders of the Petitioner’s F.P.Shop.No.19 of Kondur Village, Lepakshi Mandal, Anantapuramu District in the interest of justice and to pass such other order or orders.”

The petitioner was appointed as a fair price shop dealer of Shop dealer of No.1256019 of Kondur village, in the year 2015. Since then she has been distributing the essential commodities to the cardholders without any complaint. Earlier, when the 4th respondent refused to accept the demand draft for the month of June, 2019, the petitioner filed W.P.No.9615 of 2019 and the same was disposed of on 21.08.2019 directing the respondents to deliver essential commodities to the petitioner on her paying the due amount. Again, when the 3rd respondent issued show cause notice on 02.12.2020 based on a false report submitted by the 4th respondent, the petitioner filed W.P.No.608 of 2021 and the same was disposed of on 05.02.2021, directing the respondents to supply essential commodities to the petitioner during the subsistence of the authorization. Thereafter, the petitioner was supplied essential commodities till the month of August, 2021. The 4th respondent is insisting the petitioner to withdraw from the fair price shop dealership without any reasons. The 4th respondent again inspected the shop on 18.10.2021 and thereafter the petitioner was issued with the impugned show cause notice dated 20.11.2021 to show cause as to why disciplinary action should not be taken against her petitioner, for which the petitioner submitted her explanation. Thereafter, the 4th respondent, without passing any orders either suspending or cancelling the petitioner’s fair price shop authorization, withheld the supply of essential commodities to the petitioner’s fair price shop, which is illegal and arbitrary. The 4th respondent is after the petitioner to see that she should be removed from the fair price shop to allot the same to third parties. Further, as per the analysis in the impugned show cause notice, there is a variation of PDS rice of (-) 1.21 % and it is minor variation, as the allowable variation is 1.5%.

This court granted an interim order on 05.01.2022, directing the respondents 3 & 4 to supply the essential commodities to the petitioner to distribute the same to the cardholders, till completion of the disciplinary proceedings initiated against the petitioner.

In view of the interim direction, the respondents are under statutory obligation to supply the essential commodities during the subsistence of the petitioner’s authorization, as held by this Court in Oleti Tirupathamma Vs. District Supply Officer (city), Visakhapatnam1 wherein it is held that if the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his license, it may do so, but, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities, till passing of the order under Clause 8(4) of the Control Order 2018.

Having considered the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material available on record, this Court in the interest of justice, felt it appropriate to dispose of the writ petition directing the respondents to supply the essential commodities to the petitioner during the subsistence of her authorization. However, liberty is given to the respo