T KRISHNA REDDY Vs. JOINT COLLECTOR CHITTOOR

JUDGEMENT

(1.) Petitioner seeks a writ of certiorari or any other appropriate writ or order or direction calling for records pertaining to proceedings in D.Dis.No.10149/90 dated 27-12-1990 issued by the 2nd respondent, and to quash the same as illegal, arbitrary and unconstitutional, and consequently to hold that the petitioner is entitled to continue as Fair Price Shop dealer of Kollabayalu village, Madanapalle mandal of Chitoor district.

(2.) Petitioner is a Fair Price shop dealer of Kollabayalu village from 1972 onwards. It is stated that he has been discharging his duties as such to the utmost satisfaction of the villagers and that after the advent of the Telugu Desam party in the State of Andhra Pradesh, he has been associated with the said political party and is President of the village committee. It is also stated that some villagers, who are inimical to the petitioner, sent a petition against the petitioner alleging certain irregularities in the distribution of essential commodities to the card-holders. On the basis of the said complaint, the 2nd respondent issued to the petitioner show-cause notice No.G/5188/90 dated 16-4-1990, for which the petitioner submitted an explanation. It is further stated that though the petitioner had not committed any irregularities, the 2nd respondent, due to political pressures, had imposed a penalty of Rs.1,000/- while restoring the dealership to the petitioner. Petitioner paid the penalty of Rs.1,000/- and thereafter has been running the fair price shop. It is also stated that the villagers, who were responsbile for lodging the complaint with the 2nd respondent, filed an appeal before the 1st respondent against the order of the 2nd respondent restoring the dealership while imposing the penalty of Rs.1,000/-. The 1st respondent, without any reasons and due to political pressure, had remitted the matter back to the 2nd respondent for fresh disposal after conducting dee novo enquiry. On remand, the2nd respondent passed order in proceedings D.Dis.No.10149/90 dated 27-12-1990, which was served on the petitioner on 28-12-1990, which is the order impugned in this writ petition. According to the order impugned, the 3rd respondent was directed to attach the cards attached to the fair price shop of the petitioner to the adjacent dealer while cancelling the dealership of the petitioner.

(3.) Sri P.S, Narayana, learned counsel for the petitioner, attacks the order impugned on various grounds. Firstly it is contended that the order impugned was passed in violation of principles of natural justice. Secondly, the 2nd respondent, while passing the order impugned has also taken into account 'some other allegations' though the petitioner was not given an opportunity to explain as to the fresh allegations made against him. Thirdly, the 1st respondent has no power to entertain the appeal filed by the third parties. Therefore, it is contended, remitting the matter back by the 1st respondent for de novo enquiry and the order of the 2nd respondent, acting upon such direction of the 1st respondent, are without jurisdiction and that the entire proceedings are vitiated.