IPPILI KOTESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, questioning the order issued by the third respondent in SR.No.137/2019/S5 dtd. 24/12/2019 in cancelling the authorization of the petitioner's Fair Price Shop No.0118021, D.No.265 Ponnampeta village, Amadalavalasa Mandal, Srikakulam District, without conducting enquiry and without considering the petitioner's explanation dtd. 5/11/2019 as illegal, arbitrary and violative of principles of natural justice.

(2.) The case of the petitioner is that, he was appointed as permanent fair price shop dealer for Shop No.0118021 in D.No.2/65, Ponnampeta Village, Amadalavalasa Mandal, Srikakulam District, by the third respondent in the year 2016. The authorization of the petitioner was renewed from time to time and extended till 31/3/2020. Thereafter, the petitioner submitted application for renewal of his authorization. Accordingly, his authorization was extended for two more years and he is continuing as fair price shop dealer for the above said shop and distributing the essential commodities to the cardholders in the village without any remarks and complaints.

(3.) While so, the respondent-authorities inspected the petitioner's shop on 19/10/2019 and found some variations in the essential commodities. The third respondent issued show cause notice dtd. 29/10/2019 framing three charges alleging that the petitioner has committed certain irregularities and seized the stocks. The petitioner submitted his explanation on 5/11/2019. However, the third respondent issued impugned proceedings in Sr.No.137/2019/S5 dtd. 24/12/2019 cancelling the authorization of the petitioner without conducting enquiry and without considering explanation dtd. 5/11/2019. Hence, the writ petition.