D NARAYANA REDDY Vs. JOINT COLLECTOR ANANTHAPUR

JUDGEMENT

(1.) The writ petitioner is the authorized dealer of the fair price shop of Marutla-II Village, Kuderu Mandal, Ananthapur District. The 2nd respondent issued a show-cause notice-cum-suspension order dated 9-12-2003 calling upon the petitioner to show-cause as to why his authorization should not be cancelled on the allegation that he had misused 193 quintals of food for work and also suspending the authorization pending enquiry. Though the petitioner submitted his explanation denying the allegations made in the show-cause notice, the same was not accepted and the authorization of the petitioner was cancelled vide proceedings of the 2nd respondent dated 15-10- 2005.

(2.) It is to be noted that on the basis of the very same allegation of misappropriation of food for work rice, a complaint was lodged by the Mandal Revenue Officer, Kuderu before the Station House Officer, Kuderu Police Station. The same was registered as Cr.No.88 of 2002 under Section 409 of Indian Penal Code and on the basis of the charge-sheet filed the matter was tried as CC.No.353 of 2004 by the Court of the Special Judicial Magistrate of First Class, Ananthapur. The said criminal case, after full-fledged trial, ended in acquittal by order dated 28-2-2006 holding that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt. Thereafter, the petitioner made several representations, the latest being on 11-5-2007 requesting the respondent to restore his authorization in the light of his acquittal in the criminal proceedings.

(3.) Alleging that the respondents failed to consider his request, this writ petition is filed seeking a Mandamus that the inaction on the part of the 2nd respondent in reinstating the petitioner as fair price shop dealer as arbitrary and illegal and contrary to the provisions of Clause-5 (4) of A.P. State Public Distribution Control Order, 2001.