Karumanchi Anjaneyulu Anji vs The State Of Andhra Pradesh
2022 Latest Caselaw 1012 AP

Citation : 2022 Latest Caselaw 1012 AP
Judgement Date : 24 February, 2022

Andhra Pradesh High Court - Amravati

Karumanchi Anjaneyulu Anji vs The State Of Andhra Pradesh on 24 February, 2022

            HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                      Writ Petition No.13175 of 2021

ORDER:

This writ petition is filed 'to declare the impugned order dated

20.05.2021 of the 3rd respondent directing the petitioner to stop the

distribution of rice until action and further proceeding to appoint another

person as MDU operator in Karumanchi village, Savalyapuram Mandal,

Guntur District, pending enquiry, as illegal and arbitrary.

Case of the petitioner is that, he was appointed as mobile dispensing

unit (MDU) operator in Karumanchi village to distribute the commodities

and the 3rd respondent issued impugned proceedings dated 20.05.2021

directing the petitioner to stop the distribution of the commodities, on the

ground that SEB station, Vinukonda registered a crime in FIR No.30/2021

against the petitioner on 10.05.2021 for the offence under Section 34(a) of

A.P. Excise Act, 1968 basing on a confessional statement of one Gogineni

Srikanth from whose house 25 quarters of whisky (750 ml) were seized and

the petitioner was implicated as A.2; neither contraband nor incriminating

material was seized from the possession of the petitioner and no crime was

registered with regard to the duties of the petitioner as MDU operator;

petitioner is not at all concerned with the said crime; in spite of the same,

vide the impugned orders, alternate temporary arrangement was made to

distribute the commodities. Hence, the writ petition.

When the writ petition came up for admission on 12.07.2021, an

interim direction was passed.

Counter-affidavit along with vacate stay petition is filed by the 3rd

respondent stating inter-alia that the petitioner has violated condition

No.14 of G.O.Ms.No.67 Social Welfare (SCP) Department dated 17.11.2020

as he was involved in Cr.No.30 of 2021 under Section 34(a) of A.P. Excise Act and alternative arrangement has been made pursuant to the impugned

order and prays for dismissal of the writ petition.

Learned Government Pleader submits that the State Government

framed certain guidelines for providing four wheeler mini truck mobile

dispensing unit through G.O.Ms.No.67 dated 17.11.2020 and as the

petitioner has violated the condition No.14, the 3rd respondent directed the

petitioner to stop the distribution of rice.

Clause 14 of G.O.Ms.No.67 dated 17.11.2020 reads as follows:

"14. Fraud/Default/Death cases: If any time after the selection or after grounding of the unit and till the loan repayment period, it is brought to the notice of the Government that the applicant has cheated and submitted false documents during selection process (or) committed fraud in violation of any of the scheme guidelines (or) committed fraud and violated conditions of any agreement signed by the beneficiary with any Govt. department/Organization (or) indulges in any criminal activity detrimental to the interest of the Govt. during the loan repayment period (or) wilfully defaults on repayment of loan, the MPDO/ Municipal Commissioner concerned shall cause an inquiry and submit proposal to the District Collector for cancellation of the unit in the name of such beneficiary and forfeit the contribution made by the beneficiary. Once the cancellation is approved by the District Collector, the Mandal Selection Committee shall select a fresh beneficiary and collect the proportional beneficiary contribution from the new beneficiary. The registration of the MDU along with the loan account would get transferred in the name of the new beneficiary. In case of death of the beneficiary, an option would be given to any immediate eligible family member of the deceased beneficiary to transfer the unit in his/her name. If there is no such eligible immediate family member, the MPDO/Municipal Commissioner concerned shall submit proposal to the District Collector for cancellation of the unit in the name of such beneficiary. Once the cancellation is approved by the District Collector, the Mandal Selection Committee shall select a fresh beneficiary and collect the beneficiary contribution from the new beneficiary and return the proportional amount to the family of the deceased beneficiary. The registration of the MDU along with the loan account would get transferred in the name of the new beneficiary. In accordance with the above conditions, an undertaking shall be taken from the selected beneficiary on Rs.10/- stamp paper that the registration of the MDU vehicle can be cancelled and allotted to a new beneficiary if such a situation arises".

As seen from the said clause, if a person indulges in any criminal

activity detrimental to the interest of the government during the loan

repayment period or committed fraud in violation of any other guidelines or

committed fraud and violated conditions of any agreement signed by the

beneficiary with the Government, an enquiry shall be conducted and

cancellation orders will be passed.

As seen from the impugned order, the same was passed basing on

registration of a crime against the petitioner on 10.05.2021 under A.P.

Excise Act and there is no other allegation whatsoever. In the said

impugned order, it is stated that the petitioner has committed fraud in

violation of Clause 14 of G.O.Ms.No.67 dated 17.11.2020.

Learned counsel for the petitioner also relies upon the judgment of