T M ASILAMANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed by a fair price shop dealer questioning the endorsment of the Joint Collector, Krishna, dated 6-10-1990 rejecting the appeal petition filed by the petitioner as time barred and to quash the same by issuing a Writ of Certiorari.

(2.) The petitioner was originally appointed as a fair price shop dealer for Nunna Village, Vijayawada Rural Mandal, by the Sub-Collector, Vijayawada, through his proceedings dated 22-2-1987 under the provisions of the A. P. Scheduled Commodities (Regulation and Distribution by Card System) Order, 1973. While so, the Mandal Revenue Officer issued orders on 14-9-1989 suspending the petitioner as dealer. Aggrieved against the said order, the petitioner filed an appeal before the Chairman of the Zilla Abhivrudhi Sameeksha Mandali. The Chairman of the said Mandali allowed the appeal of the petitioner and directed the Civil Supplies authorities to issue necessary quotas for distribution after setting aside the order of suspension passed by the Mandal Revenue Officer on 14-9-1989.

(3.) The petitioner alleges that as the order of suspension has been cancelled by the Minister concerned who was the Chairman of the Mandali, the Civil Supplies authorities developed a grouse against him and so they have been weaving out ways and means to dislodge him from the dealership. Keeping that object in mind, the Mandal Revenue Officer, made a report against the petitioner through his proceedings dated 1-10-1989 to the Sub-Collector, Vijayawda, alleging certain irregularities during his supervision of the shop. Thereafter, the Sub-Colletor, Vijayawada, issued a show cause notice dated 28-11-1989 to the petitioner to submit his explanation to five charges levelled against him. The petitioner accordingly submitted an explanation with correct details. But the Sub-Collector, the petitioner alleges, having been carried away by the report of his subordinate officers and without properly applying his mind judiciously passed orders cancelling ' his appointment as Fair Price Shop dealer.