APHC010106022020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6449/2020 Between:

1. D .RAMAKRISHNA,, S/O. D.MAREPPA, AGED ABOUT 38 YEARS, 0CC. FAIR PRICE SHOP DEALER, F.P.SHOP NO.1285124, SANTHI NAGAR, ANANTHAPURAMU CITY AND MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.

2. T HE JOINT COLLECTOR CS, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE.

3. T HE TAHSILDAR, ANANTHAPURAMU TOWN AND MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE.

...RESPONDENT(S):

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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in cancelling the authorization in Rc.No.K3/2543/ 2019 dated 27.02.2020 of the petitioner Fair Price shop No.1285124 of Santhi Nagar, Ananthapuramu Town and Mandal, Ananthapuramu District basing on the 6A report submitted by the 3rd respondent as illegal, arbitrary and unjust and consequently set aside the same IA NO: 1 OF 2020 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 pleased to suspend the proceedings in Rc.No.K3/2543/ 2019 dated 27.02.2020 issued by the 2nd respondent by permitting the petitioner to supply the Essential Commodities to the cardholders from the petitioner's Fair Price Shop No.1285124 of Santhi Nagar, Ananthapuramu Town and Mandal, Ananthapuramu District, pending disposal of the above writ petition Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP)

The Court made the following:

ORDER:-

Impugning the proceedings of the Joint Collector and Additional District Magistrate, Anantapuramu vide Rc.No.K3/2543/2019 dated 27.02.2020, thereby cancelling the petitioner’s Fair Price Shop authorization vide Shop No.1285124 of Anantapuramu Town and Mandal, the present writ petition is filed.

2. Heard Sri K.Srinivas, learned counsel for the petitioner assisted by Ms.Priya, learned counsel, Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies.

3. In elaboration to what has been stated in the affidavit, learned counsel for the petitioner, contended that the petitioner was appointed as a Fair Price Shop dealer vide Shop No.1285124 of Shanthi Nagar, Anantapur Town and Mandal, Anantapur District, for distribution of essential commodities to the cardholders and, ever since, to the utmost satisfaction of the cardholders, the petitioner has been supplying essential commodities. While so, a show cause notice was issued in Rc.No.K3/2543/2019, dated 01.10.2019 on the ground that variations in the stock were noticed upon inspection made by the Civil Supplies Deputy Tahsildar on 27.08.2019. To the said show cause notice, the petitioner submitted his explanation through counsel on 26.02.2020 denying the allegations and, inter-alia, requested the authorities to examine the inspecting authority who visited the shop.

4. However, the Joint Collector-the 2^nd respondent herein passed impugned orders cancelling petitioner’s authorization without taking the explanation into consideration and without examining the inspecting authorities. The Joint Collector, while cancelling the authorization of the petitioner, based his decision on the statements of the inspecting authority and the report of the Tahsildar, without supplying the same along with show cause notice. Further, the explanation submitted by the petitioner was not at all