R VARALAXMI Vs. SUB COLLECTOR VIJAYAWADA

JUDGEMENT

(1.) The writ petition is filed to declare the proceedings in Rc.A7/1781/2007, dated 14.7.2008 issued by the 1st Respondent viz Sub Collector, Vijayawada, Krishna District, temporarily suspending the authorization of the Petitioner's Fair price shop pending further enquiry purportedly under Clause 5 (5) of A.P. State Public Distribution System (Control) Order, 2008 and 3 (4) of the Annexure appended to the said Control Order, as illegal and without jurisdiction.

(2.) The Petitioner is a Fair price shop dealer in respect of shop No:16 of Morsumilli village, Mylavaram Mandal, Krishna District.

(3.) The said authorization was granted to her by orders in Rc.A/9095/93, dated 20.11.1995 of the Sub Collector, Vijayawada under the Control Order then in force viz A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973.Based on some undisclosed complaint that the husband of the Petitioner viz Ravi Nageswararao was working as a Driver in the A.P.S. R.T.C (In short "Corporation") the matter was referred to the Tahsildar, Mylavaram for enquiry and report. The said Tahsildar submitted a report that the husband of the Petitioner has been working as a Driver in the A.P.S. R.T.C on regular basis since 1.8.1991.Based on the said report, the 1st Respondent herein passed the impugned order stating that the Petitioner concealed the said fact and as her husband is a Driver, she is not entitled for the appointment as dealer as per Clause 12 (iii) of G.O. Ms. No:53, Consumer Affairs, Food & Civil Supplies (C.S.I) Department, dated 6.10.2003.