APHC010166462023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8513/2023 Between:

1. SMT.GUJJALA NAGA JYOTHI, W/O LAKSHMIKAR REDDY, AGED ABOUT 25 YEARS, FP SHOP DEALER, FP.NO 1182019 REP SRI JAYALAKSHMI MAHILA MANDALI (SHG) R/O PRODDUTUR TOWN AND MANDAL, KADAPA DISTRICT.

...PETITIONER AND

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

2. THE JOINT COLLECTOR, KADAPA , KADAPA DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, , JAMMALAMADUGU, KADAPA DISTRICT.

4. THE TAHSILDAR, PRODDUTUR, KADAPA DISTRICT ...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 to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3 rd respondent in cancelling the authorization vide proceedings Ref A2/119/2021 dated 26.02.2022 as confirmed by the 2nd respondent vide Ref.No 1(3)/224/2022 dated

17.06.2022 is illegal, arbitrary and violation of principles of natural Justice and consequently set aside the same and pass IA NO: 1 OF 2023 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 suspend the proceedings vide Ref A2/119/2021 dated 26.02.2022 as confirmed by the 2' respondent vide Ref.No 1(3)/224/2022 dated 17.06.2022 pending disposal of the writ petition, and pass 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 orders issued in I.A. No.1 of 2023 dated 24.04.2023 in present writ petition, dismiss the writ petition and pass Counsel for the Petitioner:

1. K SREEDHAR MURTHY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR CIVIL SUPPLIES The Court made the following order:

Assailing the order of the Joint Collector dated 26.02.2022, confirming the order passed by the Revenue Divisional Officer dated 17.06.2022, whereby the petitioner’s authorization to the Fair Price shop bearing No.1182019 of Proddutur Town and Mandal, Kadapa District, was cancelled on the ground of irregularities committed by her in violation of the Control Order, 2018, the present Writ Petition has been filed.

2. Heard Sri K.Sreedhar Murthy, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

3. Learned counsel for the petitioner, while reiterating the contents of the writ affidavit contended that the petitioner was appointed as temporary dealer for the subject shop and ever since her appointment, she has been supplying the essential commodities to the utmost satisfaction of the cardholders and the authorities. While so, on 13.09.2021, the inspecting officials inspected the subject shop and on the alleged ground of variation in the stock, issued a show cause notice dated 12.10.2021 not to the petitioner, but to the petitioner’s mother. However, as a precautionary measure, the petitioner submitted an explanation on 06.11.2021. He further contended that the Revenue Divisional Officer, without considering the explanation submitted by the petitioner and without going into the record properly, cancelled the petitioner’s authorization under proceedings dated 26.02.2022, that too by relying on the report of the Tahsildar under Section 6-A of the Essential Commodities Act, 1955. He further submitted that this Court has dealt the said issue in Writ Petition No.500 of 2020 and held that in order to initiate disciplinary enquiry, a separate report is required to be obtained from the Tahsilda