J. MURALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The petitioner has been working as Fair Price Shop Dealer of Fair Price Shop No.1081015 of Madanapalle Town and Mandal, Chittoor District. He is having valid authorization issued by the competent authority. The petitioner has been working as dealer for a long time and discharging his duties without any complaint. The fourth Respondent, along with the staff inspected the fair price shop on 27/2/2022 and seized the stocks available in the shop i.e 110.60 Qtls of PDS rice, 10 packets of sugar and registered a case under the Essential Commodities Act, 1955. A panchanama was drafted at the time of seizure. The authorization of the petitioner was suspended on 23/3/2022 and a show cause notice was also issued to the petitioner. The petitioner submitted his explanation on 29/3/2022. Considering the same, the third Respondent issued proceedings in Roc.A3/841/2022 dtd. 11/4/2022 cancelling the authorization of the petitioner. Aggrieved by the same, the present writ petition is filed.

(3.) Learned counsel for the petitioner contends that the fourth Respondent seized the fair price shop of the petitioner in a proper manner under a cover of fair panchanama. The third Respondent, without conducting an independent enquiry, suspended the authorization of the petitioner on 23/3/2022 and issued show cause notice on the same day. The third Respondent without considering the explanation properly, simply basing on the enquiry report submitted by the fourth Respondent, cancelled the authorization of the petitioner.