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 Writ and Order or Direction more particularly one in the nature of Writ of Mandamus to call for the records pertaining to the impugned Order dated 22.06.2022 issued by the 3rd respondent in cancelling the F.P. Shop Authorization of the petitioner's F.P. Shop No.1325021 of Molagavalli Village, Alur Mandal, Kurnool District and declare the action of the respondents in issuing the same without conducting proper enquiry and without considering the explanation of the petitioner is illegal, arbitrary, contrary to law and in violation of principles of natural justice and consequently the set-aside the impugned proceedings dated 22.06.2022 issued by the 3rd respondent and continue the petitioner as F.P. Shop Dealer of F.P. Shop No.1325021 of Molagavalli Village, Alur Mandal, Kurnool District as and pass

IA NO: 1 OF 2022

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 impugned proceedings dated 22.06.2022 issued by the 3rd respondent pending disposal of the Writ Petition 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 vacate the Interim order dated 12.08.2022 passed in I.A.No. 1 of 2022 in W.P.No.24454 of 2022 and dismiss the Writ Petition and to pass

The Court made the following:

ORDER:

The case of the petitioner is that he has been appointed as a dealer of fair price shop No.1325021 of Molagavalli Village, Alur Mandal, Kurnool District, on 10.01.2018 and discharging his duties as dealer and supplying the commodities to the cardholders to the satisfaction of the officials and the cardholders. While so, on 06.09.2019 the officials have conducted inspection in petitioner’s fair price shop, thereafter, the 2nd respondent issued order dated 27.09.2019 suspending his authorization alleging variations in the ground balance of the stock.

Further, aggrieved by the said suspension order of the 2nd respondent dated 27.09.2019, the petitioner preferred a writ petition vide W.P.No.16317/2019 wherein this Court, on 08.02.2022, disposed of the said writ petition directing the 2nd respondent to complete the enquiry as contemplated under the provisions of the Control Order, 2018. The further case of the petitioner is that the respondents stopped supplying commodities to his shop and the 2nd respondent, without conducting any enquiry as directed by this Court in W.P.No.16317 of 2019, cancelled petitioner’s authorization vide proceedings dated 22.06.2022. Impugning the same, the writ petition is filed.

Heard Smt.S.Lakshmi Prameela, learned counsel representing Sri Hanumantha Rao Vellalacheruvu, learned counsel for the petitioner and Sri Appasani Vineeth, learned Assistant Government Pleader for Civil Supplies for the respondents.

Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, this Court, on 08.02.2022, in W.P.No.16317 of 2019 specifically given directions to the authorities to complete the enquiry as per the provisions of the Control Order, 2018. Despite such directions, without conducting proper enquiry and without following law, the petitioner’s authorization has been cancelled vide impugned proceedings. The sole basis for conducting enquiry is with regard to the report of the alleged complainants. None of the complainants were examined nor the report relied on by the respondents while passing the impugned orders were supplied to the petitioner along with show cause notice. She further contended that the punishment is a major penalty wherein authorization has been cancelled for which enquiry has to be conducted by examining the complainants and giving