MOKA SUBRAMANYAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus declaring the action of the second respondent-Revenue Divisional Officer, Narsapuram Division, West Godavari District, in ordering resumption of fair price shop authorization held by the fourth respondent, under the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, vide order, dated 4.8.2012 in Roc. No. 2053/2012 (CS), as illegal and arbitrary. Respondent No. 4 was the authorized fair price shop dealer for Shop No. 92 of Dayyalathippa Village, Bhimavaram Mandal, West Godavari District. Based on the report submitted by the third respondent-Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District on 30.9.2002 alleging that the fourth respondent indulged in certain irregularities with regard to distribution of rice, disciplinary proceedings were initiated against him, and by order, dated 28.3.2006 passed in Roc. 2497/2002(E), the second respondent-Revenue Divisional Officer/appointing authority, Narsapur Division, West Godavari District, cancelled the fair price shop authorization held by the fourth respondent.

(2.) A copy of such order is produced before this Court during the course of hearing. A perusal of the same indicates that the second respondent had recorded a clear finding against the fourth respondent that he has diverted Q. 170.67 Kgs of rice for clandestine trade and thereby, he contravened Clause 17 of the Andhra Pradesh State Public Distribution System Control Order, 2001 and conditions 4, 6 to 8, 11 and 13 of the authorization. It is not in dispute that the said order passed by the second respondent cancelling the fair price shop authorization of the fourth respondent has become final, as the fourth respondent has not appealed to the appellate authority. It is to be noticed that as violation of the said provision also attracts penal action, the fourth respondent was prosecuted under the provisions of the Essential Commodities Act, 1955 in CC No. 63 of 2008 on the file of the learned I-Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Bhimavaram. On his acquittal in CC No. 63 of 2008 vide judgment, dated 10.11.2009 the fourth respondent approached the first respondent-District Collector (CS), West Godavari at Eluru, by filing a representation which in turn was forwarded to the second respondent to take further action. Thereupon, the second respondent passed the impugned order resuming the fair price shop authorization held by the fourth respondent on the ground that there is acquittal recorded by the criminal Court in CC No. 63 of 2008.

(3.) In the meantime, after cancellation of fair price shop authorization held by the fourth respondent, notification was issued and the petitioner was selected and appointed as a fair price shop dealer for Shop No. 92 situated at Dayyalathippa Village, by the second respondent vide proceedings bearing Roc. No. 648/2009(E), dated 27.6.2009. But, his appointment was appealed to the Joint Collector, West Godavari, Eluru, by the third party applicant, by name, R. Krishnamurthy. It is stated that the appeal filed by such third party is pending.