BANOTH RAMESH Vs. STATE OF A P

JUDGEMENT

(1.) THIS writ petition is filed for a Mandamus to declare the action of respondent Nos.4 and 5 in seizing the petitioner's fair price shop along with the stock and tagging the same to fair price shop No.32006 of Bayyaram, Khammam District vide proceedings dated 04.10.2010, as illegal.

(2.) THE petitioner is a fair price shop dealer of shop No.32004 of Singaram Village, Bayyaram Mandal, Khammam District. Respondent No.5 vide his proceedings Rc.No.C/520/2008, dated 04.10.2010 observed that a criminal case was registered against the petitioner for forgery of a pahani and that he was enlarged on bail and consequently the shop was seized and the stock was handed over to another fair price shop dealer for distribution of essential commodities. THE petitioner, after being unsuccessful in his attempt to convince the respondents to restore distribution of essential commodities to him, filed the present writ petition. It is the pleaded case of the petitioner that the alleged forgery of a pahani on the basis of which a criminal case has been registered against him has nothing to do with his discharge of duties as fair price shop dealer and that there is no provision under the A.P. State Public Distribution System (Control Order), 2008 which empowers the respondents to take departmental action on mere registration of a criminal case, unless the fair price shop dealer is convicted for any offence.

(3.) FOR the abovementioned reasons, the writ petition is allowed. Respondent Nos.4 and 5 are directed to permit the petitioner to function as fair price shop dealer as long as his authorization continues to remain in force.