Kum. Kunchala Harika vs The State Of Andhra Pradesh
2024 Latest Caselaw 6661 AP

Andhra Pradesh High Court - Amravati

Kum. Kunchala Harika vs The State Of Andhra Pradesh on 2 August, 2024

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
          MAIN CASE: Writ Petition No.16335 of 2024
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                    PROCEEDING SHEET
Sl.                                                                    OFFICE
No.   DATE                         ORDER                                NOTE

01. 02.08.2024 BSB,J
                              I.A No.1 of 2024

                    This application is filed to grant stay of all
              further    proceedings    including   lifting     and
              distribution of Essential Commodities to the
              card holders of F.P Shop No.0781109 situated
              at Balaji Nagarm, 8th Lane, Guntur pursuant to
              the       impugned    order     bearing         Procs.
              Rc.No.2321/2023-B dated 29.06.2024 issued
              by the 3rd respondent.

It is the contention of the petitioner that she was appointed on temporary basis for the Fair Price Shop No.0781109, when the then temporary fair price shop dealer i.e., the 5th respondent was found running the business by diverting the stock of fair price shop to the black market and that recently, without any default of this petitioner, the 5th respondent has been reinstated on the mere ground that the case against her under Sections 6-A of the Essential Commodities Act and 420 of I.P.C, ended in acquittal vide judgment dated 04.04.2024 in C.C No.4863 of 2023 on the file of VI Additional First Class Magistrate, Guntur. The petitioner Contd...

BSB,J

further contended that before passing impugned order dated 29.06.2024 reinstating the 5th respondent, the petitioner was not even given notice and impugned proceedings were illegally passed behind the back of the petitioner.

The learned Assistant Government Pleader for Civil Supplies, on written instructions, submitted that since the petitioner was permitted to run the fair price shop on temporary basis only, to avoid inconvenience to the card holders, there is no impurity in reinstating the 5th respondent on the disposal of the case in C.C No.4863 of 2023.

Since, the original appointment of the 5th respondent is also on temporary basis and whereas there were some irregularities found on her part and the petitioner was also appointed on temporary basis, however, now no irregularity and illegality are found in the business of the petitioner, even without following the principles of natural justice, abruptly cancelling her authorization is prima facie illegal. Therefore, till the notice is served on the 5th respondent, the impugned order can be suspended.

Accordingly, interim order as prayed for is Contd...

granted till 30.08.2024.

BSB,J

Issue notice to the 5th respondent.

The learned counsel for the petitioner is permitted to take out personal service of notice to the 5th respondent through registered post with acknowledgement due and file proof thereof.

Post on 30.08.2024.

__________________ B S BHANUMATHI, J Ksj BSB,J