GODASU THIRUPALAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petition under Article 226 of the Constitution of India is filed to issue writ of Mandamus declaring the action of the respondents suspending the authorization to run the fair price shop No.0838030, Darisi Gunta Peta Village, C.S.Puram Mandal, Ongole District, in Rc.CS2(6)/235481/2019, dated 19.12.2019 issued by the 2nd respondent, as contrary to the provisions of the A.P. Schedule Commodities (TPDS) Control Order, 2018 and judgements of this Court in 2012 (6) ALD 723, 2013 (4) ALD 540, 2015 (3) ALD 104, 2015 (3) ALD 659 and 2015 (3) ALD 558, without considering the representation of the petitioner, without any basis and without conducting inquiry and without verifying the report, as illegal, arbitrary and consequently set aside the same with a direction to the respondents to continue the petitioner as a dealer for the fair price shop No.0838030 of Darisi Gunta Peta Village, C.S.Puram Mandal, Ongole District.

(2.) The brief facts of the case of the petitioner are that the petitioner is a widower aged about 30 years, a member of BC community. Her husband died about four years prior to filing of this petition. She is living with a physically handicapped daughter and two sons. Her first son was prosecuting education with aid of her relatives and thus she is living below poverty line and she is member of Dwakra group (Chaitanya Sahayaka Group).

(3.) She studied tenth class and considering her qualifications and poverty and being a widow and member of Dwakra group, she was appointed as fair price shop dealer for shop number 0838030 of Darisi Gunta Peta Village, C.S.Puram Mandal, Ongole District, vide orders issued by the Revenue Divisional Officer, Kandukuru, in Rc.F.166/2018 dated 09.08.2018. Since the death of her husband, she has been distributing commodities to the cardholders without any remark and to the satisfaction of the cardholders allotted to the shop.