Andhra Pradesh High Court - Amravati
Smt.M.Sreedevi vs State Of Andhra Pradesh, on 6 January, 2021
Bench: Kongara Vijaya Lakshmi
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE SIXTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 233 OF 2021
Between:
Smt.M.Sreedevi, W/o M.Manohar, Age-42 years, Occ: F.P. Shop dealer Of Shop
No.1050003, Guntipalli Village Penumur Mandal, Chittoor District.
. ...Petitioner
AND
1. State of Andhra Pradesh, rep.by its Principle Secretary Civil Supplies
Department, Secretariat, Velagapudi, Guntur District.
The District Collector, (CS) Chittoor Town, Chittoor District.
The Revenue Divisional Officer, Chittoor Division, Chittoor District.
The Tahsildar, Penumur Mandal, Chittoor District.
RON
...Respondents
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 preferably writ of mandamus declaring the order issued by the
3% respondent vide Roc.B1/2676/2020 dt: 12/2020 suspending the petitioner's
authorization in respect of F.P.ShopNo.1050003, Guntipalli Village Penumur Mandal,
Chittoor District, without assigning any valid reasons and without following the
procedure as contemplated under AP State Targeted Public Distribution System
(Control) Order,2018 as illegal, arbitrary, and violative of principles of natural justice and
consequently set aside the said order and further direct the respondents to continue the
petitioner as FP Shop dealer as usual.
IA NO: 1 OF 2021
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
operation of the order issued by the 3% respondent vide Roc.B1/2676/2020 dt: -12-
2020 in respect of No.1050003, Guntipalli Village Penumur Mandal, Chittoor District, by
continuing the petitioner as FP Shop dealer as usual, pending disposal of WP 233 of
2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri M.M.M.Srinivasa Rao,
Advocate for the Petitioner and GP for Civil Supplies for the Respondents, the Court
made the following.
ORDER:
"The case of the petitioner is that the Joint Collector, Chittoor vide
proceedings dated 30.11.2020 appointed another dealer for the Fair Price Shop
No. 1050003 of Guntipalle Village on the ground that the petitioner submitted her
resignation without following the procedure as contemplated under the A.P. State
Targetted Public Distribution System (Control) Order 2018 (for short, the Control
Order). The said action was challenged by way of filing Writ Petition No.3340 of
2020 and the said writ petition was allowed on 26.8.2020 setting aside the said
proceedings and the respondents were directed to restore the dealership of the
petitioner. Pursuant to the said order, the authorization of the petitioner was
restored on 09.10.2020, but, again on 10.12.2020 the petitioner's shop was
inspected and cyclostyled panchanama was filled up alleging that there is
shortage of Rice - 25 Kgs, RG Dal - 1 Kg and Palm Oil - 5 packets. It is also
*
alleged that the petitioner is not available in the said shop and she is residing at
Penumuru Mandal Headquarters, which is outside the jurisdiction of the Fair
Price Shop, and that the dealer is not distributing the essential commodities
properly and her husband is distributing the essential commodities to the
cardholders by giving less quantities and that the dealer is not maintaining
proper timings.
Learned counsel for the petitioner contends that the said allegations are
very vague and that without any report from the Tahsildar recommending
disciplinary proceedings as contemplated under the Control Order, the
authorization of the petitioner has been Suspended. Learned counsel for the
petitioner also relies upon the judgment of this Court in Writ Petition No.500 of
2020.
As seen from the panchanama, it is a cyclostyled one, wherein the blanks
have been filled up. As per Clause 20(i) of the Control Order, a Separate report
has to be sent by the Tahsildar recommending initiation of disciplinary
proceedings against the dealer and in the absence of any such report suspending
the authorization of the dealer is contrary to the Control Order, as held in Writ
Petition No.500 of 2020, dated 08.1.2020. As seen from the impugned order, the
Tahsildar only gave a report for taking action under Section 6-A of the Essential
Commodities Act, but there is no separate report that is reflected in the impugned
order for suspension of the authorization of the petitioner pending enquiry. In
view of the same, there shall be an interim direction as prayed for.
List the matter after four weeks, for filing counter affidavit.
Sd/-V.Savitramm
ASSISTANT R
ISTRAR
IITRUE COPY// SECTION O FICER
For ASSISTANT REGISTRAR
To,
1. The Principle Secretary Civil Supplies Department, Secretariat, Velagapudi,
Guntur District, State of Andhra Pradesh.
The District Collector, (CS) Chittoor Town, Chittoor District.
The Revenue Divisional! Officer, Chittoor Division, Chittoor District.
The Tahsildar, Penumur Mandal, Chittoor District. (Addresses 1 to 4 by RPAD)
One CC to Sri. M.M.M.Srinivasa Rao, Advocate [OPUC]
Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT]
One spare copy
NOOARWN
MM
HIGH COURT
KVL,J
DATED:06/01/2021
NOTE: LIST THE MATTER AFTER FOUR WEEKS, FOR FILING COUNTER AFFIDAVIT
ORDER
WP.No.233 of 2021
'INTERIM DIRECTION
