Andhra Pradesh High Court
WP/24990/2020 of Ummadipalu Mallikarjuna Rao, Vs State of Andhra Pradesh, on 31 December 2020
KONGARA VIJAYA LAKSHMI WRIT PETITION No.24990 of 2020 ORDER: Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage. The Writ Petition is filed for the following
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Arguments
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.24990 of 2020
ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage.
The Writ Petition is filed for the following relief:
“to issue a writ, one in the nature of Writ of Mandamus or any other appropriate writ, direction or order declaring the proceedings Rc.No.F/1142/2020 dated 10.12.2020 issued by respondent No.3 as illegal, arbitrary, mala fide, contrary to law and violative of principles of natural justice and consequently set aside the same and direct the respondents to continue the petitioner as fair price shop dealer of F.P.Shop No.0854022, Pajerla Village of Gudluru Mandal, Prakasam District, in the interest of justice and pass such other orders”.
Petitioner claims to have beenappointed as fair price shop dealer of F.P.Shop No.0854022, Pajerla Village of Gudluru Mandal, Prakasam District. Based on the inspection report dated 20.11.2020, submitted by the 6[th] respondent reporting variations in stock, the 3[rd] respondent issued the impugned proceedings dated 10.12.2020 placing the petitioner under suspension, pending enquiry.
Learned Counsel for the petitioner contends that so far as red gram dal is concerned, the variation is excess of 1.795 Kgs and the variation regarding sugar is shortage by 1.940 Kgs., which is within the permissible limit; there is no complaint from the cardholders; the stock seized in the adjacent Mandal is shown as the stock belonging to the petitioner and, if the said stock is deducted, there would be no variation; the other irregularities mentioned in the show cause notice are that the petitioner did not display the stock board-cum-price board; and no show cause notice was issued before suspending his authorization.
Learned Government Pleader for Civil Supplies submits that notice was issued on 14.12.2020 and the matter was posted ‘for hearing’ on 28.12.2020.
As seen from the impugned order suspending the authorization of the petitioner, the variation in so far as PDS Rice is concerned, there is excess of 2662 Kgs; there is violation of Clauses 25(d) and 21(c) of the Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018 (for short ‘Control Order, 2018’); and, as such, the licence was suspended. The Control Order, 2018, however, does not contemplate notice before suspending the authorization, pending enquiry. In the instant case, the authorization was suspended, pending enquiry. As the show cause notice has already been issued, the petitioner is at liberty to file explanation within one week from the date of receipt of a copy of this order. On filing such explanation, the respondents are directed to complete the enquiry, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that the petitioner shall not seek unnecessary adjournments and cooperate with the enquiry.
The Writ Petition is, accordingly, disposed of.
Miscellaneous Petition pending, if any, shall also stand disposed of. However, in the circumstances, without costs.
Date:31.12.2020 Usd
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KONGARA VIJAYA LAKSHMI, J