NANDI VENKATESHWARLU Vs. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, CIVIL SUPPLIES DEPARTMENT, HYDERABAD AND OTHERS

JUDGEMENT

(1.) - This writ petition is filed for a Certiorari to quash proceedings No. E2/3710/2010, dated 01.02.2011 of respondent No. 4 cancelling the petitioner's fair price shop authorisation and proceedings in Case No. CS1/364/2011, dated 28.06.2011 of respondent No. 2. confirming the said cancellation order.

(2.) The ground on which the petitioner's fair price shop authorisation was cancelled is rather interesting viz., instead of distributing the essential commodities between 01.12.2010 and 18.12.2010, the petitioner has distributed ahead of the schedule i.e., between 26.11.2010 and 29.11.2010. That is all the charge and also the ground for cancellation of the petitioner's authorization. There is no whisper in the charge memo that by distributing the essential commodities ahead of the prescribed schedule, the petitioner has made any wrongful gain or denied any cardholder of his quota.

(3.) In the counter-affidavit, certain new allegations are made, which are not contained either in the charge memo or the orders passed by respondent Nos. 3 and Such allegations made for the first time in the writ petition cannot, therefore, be countenanced. In the absence of the allegations of the petitioner indulging in any malpractice, the order of respondent No. 4 subjecting the petitioner to extreme penalty of cancellation of authorisation cannot be sustained in law. Equally, the order of respondent No. 3, mechanically confirming the order of respondent No. 4 also cannot be sustained.