Andhra Pradesh High Court - Amravati
Singamala Muni Kumar vs State Of Andhra Pradesh, on 15 February, 2021
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
W.P. No.14936 of 2019
O R D E R:-
This writ petition is filed to declare the Proceedings dated
23.07.2019 of the 2nd respondent suspending the authorization of
the petitioner without issuing show cause notice and without
following the procedure contemplated under the A.P. State
Targeted Public Distribution System (Control) Order, 2018 (for
brevity "the Control Order"), as arbitrary and illegal.
The case of the petitioner is that he is a permanent dealer of
fair price shop for Shop No.1126026 situated in Mittapalli village,
Vallur Mandal, Kadapa District and the 2nd respondent issued the
impugned proceedings dated 23.07.2019 based on the report
submitted by the 3rd respondent on 08.07.2019 suspending the
petitioner's authorization without issuing any notice and without
assigning any reason whatsoever in the impugned order. The
3rd respondent along with Additional Revenue Inspector, inspected
the petitioner's shop and alleged that there are variations in the
stock and handed over the stock to the Village Revenue Officer.
Thereafter, the respondents are not allowing the petitioner to
distribute the essential commodities without issuing any show cause
notice. Hence, the writ petition.
This Court, by order dated 27.09.2019, while ordering notice,
suspended the proceedings dated 23.07.2019 of the 2nd respondent.
The impugned suspension proceedings dated 23.07.2019 reads
as follows:
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WP_14936_2019
"In the above reference read above, the Deputy Tahsildar(CS),
Kadapa has reported that the F.P.Shop Dealer, Shop No.1126026 at
Mittapapalli Village of Vallur Mandal has committed certain irregularities
in distributing Essential Commodities to the card holders and booked 6-A
case against the said dealer.
The report received vide reference read above, the Enforcement
Deputy Tahsildar, Kadapa along with ARI, Vallur have been examined
and it is felt that there is prima facie case contravention of Control
Order 2018 and therefore Sri Sigamala Munikumar, FP Shop dealer, FP
Shop No.1126026 of Mittapalli village of Vallur Mandal is hereby
suspended F.P.Shop authorization pending finalization of disciplinary
case as per the Control Order, 2018 with immediate effect.
The Tahsildar, Vallur Mandal is requested to arrange alternate
arrangement for distribution of Essential Commodities without any
inconvenience to the cardholders.
An appeal against this order lies with the District Collector,
Kadapa within 30 days from the date of receipt of this order."
As seen from the said order, it is passed based on the report
of the Deputy Tahsildar dated 08.07.2019 and except stating that
there is prima facie case of contravention of Control Order, no
details whatsoever have been given with regard to the alleged
contraventions of the Control Order and no reasons are given as to
why the impugned order has been passed suspending the
authorization.
The contention of the learned counsel for the petitioner is
that even though the impugned proceeding dated 23.07.2019 is
issued suspending the authorization of the petitioner, till now no
show cause notice is issued, as such, the same would amount to
punishment without conducting any enquiry in the matter. The
learned counsel for the petitioner also relies upon the judgment of
this Court in W.P.No.10498 of 2019, dated 01.08.2019 wherein, in
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WP_14936_2019
similar facts and circumstances, the said writ petition was allowed
and the respondents were directed to release the commodities till a
fresh order giving reasons, is issued.
In view of the facts and circumstances of the case, as the
impugned order dated 23.07.2019 does not contain any reasons,
which prompted the authorities to suspend the authorization, the
writ petition is allowed setting aside the impugned order dated
23.07.2019. However, it is made clear that this order shall not
debar the respondents from continuing with enquiry or from issuing
a fresh show cause notice and proceed further if need be. No order
as to costs.
As a sequel, Miscellaneous Petitions, if any pending, shall
stand disposed of as infructuous.
________________________
KONGARA VIJAYA LAKSHMI, J
15.02.2021
bcj
