KUNDURU VENKATA MAHALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed by the petitioner seeking to issue a Writ of Mandamus by declaring the action of the 4th respondent in issuing the proceedings in Rc.No.I/3703/2024, dtd. 22/1/2025, suspending her authorization of Fair Price Shop No.0843035, Madduluru Village, Santhanuthalapadu Mandal, Prakasam District without assigning any valid reasons and without following the procedure as contemplated under A.P. State Targeted Public Distribution System (Control) Order, 2018 (for short, the Control Order, 2018") as illegal, arbitrary, mala fide and contrary to the provisions of Control Order, 2018 and opposed to the judgments of this Court and consequently set-aside the impugned order by directing the respondents to continue the petitioner as Fair Price Shop Dealer.

(2.) Brief facts of the case: The petitioner, who is a physically handicapped person, was appointed as a Fair Price Shop Dealer in 2008. On 16/12/2024, Enforcement Deputy Tahsildars from Ongole and Singarayakonda, along with the Madduluru VRO, inspected the petitioner's shop. They verified the stock by using e-Pos machine and found no discrepancies. However, they prepared a false panchanama based on frivolous allegations and filed a 6-A case with the District Collector, Ongole. They also reported to the Revenue Divisional Officer, who issued a show-cause notice to the petitioner on 27/12/2024. The petitioner submitted her explanation on 03/01/2025. On 22/1/2025, the authorities disregarded her explanation and suspended her dealership authorization on the ground that she failed to display stock details. Questioning the suspension of the dealership, the present writ petition is filed.

(3.) Learned Government Pleader, on instructions, submit that the explanation submitted by the petitioner was considered by the respondents and found it as not convincing and issued the impugned proceedings on 22/1/2025 suspending, pending enquiry, the authorization of the petitioner's FPS and further submits that there is an Appeal provision under Sec. 20 of the Act Essential Commodities Act, 1955 and the petitioner without availing the same has approached this Court.