A. PREMA KUMARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions are filed assailing the proceedings dtd. 13/6/2019 of the 2nd respondent as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 [for short, 'Control Order']. By the said proceedings, the 2nd respondent, in exercise of suo motu powers conferred under Clause 5(15) of the Control Order had cancelled the authorizations issued in favour of Smt A. Prema Kumari dealer of F.P.Shop No.1382077, and The Mahila Co-operative Super Bazar, dealer of F.P.Shop No.46, Kurnool Town - petitioners herein and imposed a penalty of three times the difference between the market rate and public distribution system rate of the commodity diverted.

(2.) The facts and the issues raised in both the writ petitions are one and the same. Hence, these two writ petitions were heard together and are being disposed of by this common order.

(3.) The facts that lead to the filing of these two writ petitions, in brief, are that the 6th respondent submitted a report to the 4th respondent stating that as per the directions the 3rd respondent had conducted inspection of fair price shop Nos.1382046, 1382058 and 1382077 on 14/2/2018 and found that the fair price shop No.46 is not being run in the premises mentioned in the authorization and when contacted with the person A. Tarun Babu, who is lifting stocks on behalf of the dealer, he took them to the premises at door No.39-240, Vaddegeri, Kurnool. In the said premises there was a small board painted in the back side of the staircase mentioning as FP shop No.1382077. As they entered in the FP shop they noticed three E POS devices. On enquiry, the said person revealed that he is nominee of FP Shop Nos.1382046, 1382058 and 1382077 and shown the E POS machines pertained to those three FP shops. On verification of the stock in respect of the above three FP shops, the following variations were found: