IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J
Smt. G.H.Geetha – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WRIT PETITION NO: 15454/2025
| Table of Content |
|---|
| 1. procedural history of the authorization cancellation and the impact of previous court directions on the enquiry process. (Para 1 , 2 , 7 , 8 , 9) |
| 2. competing arguments regarding the adequacy of the administrative enquiry and the applicability of alternative remedies. (Para 4 , 5) |
| 3. the requirement of a personal hearing and cross-examination of witnesses to satisfy the principles of natural justice. (Para 10 , 11 , 12) |
| 4. violation of natural justice as a valid ground to bypass the existence of an alternative remedy under article 226. (Para 13) |
| 5. judicial remedy for persistent administrative disregard of court directions, including setting aside orders and imposing costs. (Para 14 , 15 , 16 , 17) |
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings D.Dis.No.B4/327/2025 dated 20.05.2025 by cancelling the authorization of the petitioner as fair price shop dealer of F.P Shop No.1219011, Galagala Village, Gummagatta Mandal, Anantapur District without there being any valid reason, without offering personal hearing to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No.1219011, Galagala Village, Gummagatta Mandal, Anantapur District and pass such
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s F.P Shop No.1219011, Galagala Village, Gummagatta Mandal, Anantapur District by suspending the proceedings of 4th respondent vide D.Dis.No.B4/327/2025 dated 20.05.2025, pending disposal of Writ Petition and to pass such
IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Interim order dated 26.06.2025 passed in I.A. No.1 of 2025 in W.P. No. 15454 of 2025 and dismiss the Writ Petition and pass
The Court made the following order:
1. Assailing the proceedings issued by respondent No.4-Revenue Divisional Officer, Kalyandurg in D.Dis No.B4/327/2025 dated 20.05.2025, whereby the authorization of the petitioner’s Fair Price shop No.1219011 situated at Galagala Village, Gummagatta Mandal, Anantapur District was cancelled without any valid reason and without affording an opportunity of personal hearing to the petitioner, the present Writ Petition is filed.
2. The brief facts that led to filing of this Writ Petition are that:
The petitioner was appointed as a temporary Fair Price shop dealer for the subject shop by virtue of proceedings issued by respondent No.4 in Rc.No.334/2019/B1, dated 28.08.2019. Subsequently, the officials of respondent Department inspected the shop and allegedly found certain irregularities. Based on the said inspection, the Tahsildar submitted a report to the Revenue Divisional Officer recommending cancellation of the petitioner’s authorization vide letter Rc.No.5/2025 dated 09.01.2025. Pursuant thereto, the Revenue Divisional Officer issued show cause notice vide reference in D.Dis No.B2/62/2025 dated 29.01.2025, to which the petitioner submitted her explanation on 27.01.2025. However, respondent No.4 passed orders vide D.Dis No.B4/327/2025 dated 20.05.2025 cancelling the petitioner’s authorization without considering the explanation submitted by th
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