Andhra Pradesh High Court - Amravati
Smt.K.Maqbool vs State Of Andhra Pradesh, on 21 August, 2024
1
W.P.No.18337 of 2024
APHC010363892024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 18337/2024
Between:
Smt.k.maqbool ...PETITIONER
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M M M SRINIVASA RAO
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following Order:
This writ petition under Article 226 of Constitution of India is filed
seeking the following relief:
"...to issue a writ or direction preferably writ of mandamus
declaring the action of the respondents No.3 and 4 in insisting the
petitioner to tender her resignation and not allowing to run the shop
No.1085031, Chittoor Town, Chittoor Dist., without there being any
order of suspension or cancellation by the competent authority by
following due procedure under The Andhra Pradesh State Targeted
Public Distribution System (Control) Order, 2018, is illegal, arbitrary
and contrary to the Judgment passed by the full Bench in 2002 (1)
ALD 577 and violative of principles of natural justice and
consequently direct the respondents to release essential
commodities in favour of the petitioner as usual and pass..."
02. The case of the petitioner is that the petitioner was appointed as fair
price shop dealer bearing shop No.1085031, Chittoor Town, Chittoor District,
in the year of 1998, and the authorisation of the petitioner is extended up to
31.03.2025. Since then, the petitioner has been distributing the essential
commodities without any complaints. On 01.08.2024, the Deputy Tahsildar
and Village Revenue Officer had forcibly taken away the petitioner's weighing
& e-pass machines. The petitioner secured a forged resignation letter from the
office of the 4th respondent showing advance date as 01.09.2024. Immediately
after notice of the said letter, the petitioner had submitted a representation
through registered post to the revenue and police authorities.
03. The learned counsel for the petitioner submitted that the petitioner had
not signed any resignation letter and that the respondent authorities are
illegally insisting the petitioner to resign from the dealership.
04. On written instructions of the 4th respondent dated 20.08.2024, vide
Roc.A/159/2024, the learned Assistant Government Pleader for Civil Supplies
denied the allegations and requested to dismiss the writ petition as the
allegations made by the petitioner are false and baseless.
05. Since the appointment of the petitioner has not been cancelled or
suspended by following any due procedural law by conducting any enquiry or
issuing notice, the petitioner is entitled to continue as fair price shop dealer as
usual until such appointment is terminated by following due procedure of law.
06. Accordingly, the writ petition is allowed and the respondent authorities
are directed to supply the essential commodities to the petitioner on her
complying the requirements for such supply, until her appointment is
terminated by following due procedure of law.
No costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________
JUSTICE B.S.BHANUMATHI
Date: 21.08.2024
NSM
HON'BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION NO: 18337 of 2024
Date:21.08.2024
NSM
