LAWS(APH)-2020-1-56

MODI SRINIVASARAO Vs. STATE OF ANDHRA PRADESH

Decided On January 08, 2020
Modi Srinivasarao Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India is filed, questioning proceedings in SR.No.130/2019-S5, dtd. 23/12/2019, passed by second respondent herein/Joint Collector, Srikakulam District, declare the same as illegal, arbitrary and violative of principles of natural justice, consequently set aside the same.

(2.) The petitioner was appointed as Fair Price Shop dealer for shop No.0129010, Narsapuram village, Santhabommali Mandal, Srikakulam District in the year 2018. Since the date of his appointment, petitioner is distributing essential commodities to card holders, allotted to shop without any remarks.

(3.) While matter stood thus, on 1/10/2019, the Inspector of Police, Regional Vigilance and Enforcement Office, Srikakulam and the Mandal Revenue Inspector, Santhabommali Mandal inspected the shop of petitioner, found certain irregularities, conducted panachanama and seized the stock. Basing on the report of Tahsildar, Santhabommali, second respondent issued, show cause notice vide SR.No.130/2019-S5, dtd. 23/12/2019, framing five charges. As per the report of Tahsildar, Santhabommali in Rc.No.251/2019, CS, dt.3/10/2019 filed under Sec. 6-A of essential commodities Act, 1955 (for short E.C Act), order impugned in the writ petition is passed, suspending authorization of petitioner, is contrary to Clause 20 (i) of A.P State Targeted Public Distribution System (Control) Order, 2018 (for short Control Order, 2018), requested to set aside the same.