Andhra Pradesh High Court - Amravati
Shaik Mahaboob Subhani vs The State Of Andhra Pradesh on 22 July, 2021
HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.12786 of 2019
ORDER:
This writ petition is filed seeking the following relief/s:
"..to issue a Writ of Mandamus, or other appropriate writ, order or
direction, declaring the action of the 4th respondent herein in continuing
the petitioner's authorization under suspension vide proceedings
Rc.A.J/757/2014 dated 08-11-2014 without completing final enquiry as
being illegal, irrational, arbitrary, unconstitutional and contrary to the
judgment reported in 2005(1) ALT 95, W.P.No.36050 of 2014 and
W.P.No.26913 of 2012 and to consequently direct the 4th respondent to
reinstate the petitioner and conduct enquiry and pass final orders and
pass such other order or orders.."
Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Civil Supplies appearing for the respondents.
The case of the petitioner is that he was appointed as a fair price shop
dealer of shop No.43 of Gudiwada Town, Krishna District. Since the date of his
appointment, he has been supplying the commodities to the card holders
without any complaints. While so, the 4th respondent issued the impugned
proceedings dated 08.11.2014 suspending the petitioner's fair price shop
authorization pending enquiry basing on the report submitted by the 5th
respondent dated 27.10.2014 on the ground that the petitioner committed
certain irregularities in seeding Aadhar numbers for which a case in Crime
No.189 of 2014 was registered and the same is pending thereby the petitioner
violated clause 12 conditions 4 & 5 of the AP State Public Distribution System
(Control) Order, 2008. Thereafter, no enquiry was conducted.
This Court on 11.09.2019 passed interim order directing the respondents
to continue the petitioner as a fair price shop dealer till passing of final orders.
Learned counsel for the petitioner submits that in identical and similar
facts and circumstances, this Court disposed of WP.Nos.12800, 12825 and 12926
of 2019, by orders dated 11.02.2021 whereby the respondents were directed to
continue the petitioner as fair price shop dealer and supply essential
commodities to the petitioner till final orders are passed pursuant to the
suspension orders. Learned counsel has prayed to pass similar orders.
Having regard to the facts and circumstances of the case, submissions of
the learned counsel and on perusal of the material record and following the
above orders given in the similar matters, this Court in the interests of justice
felt it appropriate to dispose of the writ petition.
Accordingly, the writ petition is disposed of directing the respondents to
complete the enquiry and pass final orders as per the provisions of clause 5(5)
of the Andhra Pradesh State PDS (Control) Order, 2008, and the law laid down
by this Court in B.Manjula v. District Collector, Civil Supplies, Kurnool and
others1, Pidikiti Sailaja v. State of A.P2 and C.Durga Srinivas Rao and others
vs. The State of Andhra Pradesh and others3 and communicate the decision to
the petitioner. Till then, the respondents are directed to continue the
petitioner as fair price shop dealer and supply essential commodities to the
petitioner. The petitioner is also directed to co-operate with the enquiry and
shall not seek un-necessary adjournments in the matter. There shall be no
order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
________________
M. GANGA RAO, J
22.07.2021
Vjl
2015(4) ALT 572
2015(2) ALT 667
2015 (6) ALD 359
HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.12786 of 2019
22.07.2021
Vjl
