Smt. Gurram Rajeswari W/O. Elisha v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18623 of 2015 ORDER:

Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents.

The petitioner was appointed as a fair price shop dealer of Shop No.21, Kotha Naguluru Village, Reddigudem Mandal in Krishna District. While so, the Government introduced "Epos" (Electronic Point of Sales) device, and the impugned order dated 04.06.2015 was issued on the ground that the petitioner was not using the Epos device, but was distributing the essential commodities manually. The Tahsildar, Reddigudem, submitted a report on 04.06.2015 stating as above, and based on the said report, the authorization of the petitioner was suspended, pending enquiry. Challenging the same, the present Writ Petition is filed.

It is an admitted fact that Epos devices were supplied to the dealers, but sufficient training is not given to them. If Epos device was not used, but the essential commodities were distributed manually, one cannot allege any irregularity in the distribution of the essential commodities and non-using of Epos device should not result in suspending the authorization.

In the circumstances, the impugned order, dated 04.06.2015, passed by the third respondent is set aside to the extent of suspending the authorization of the petitioner. Liberty is given to the petitioner to submit her explanation to the show cause notice issued to her within a period of fifteen days from the date of receipt of a copy of this order, and the third respondent shall conduct an enquiry and pass appropriate orders thereon within a period of three months from the date of receipt of the explanation.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 24.06.2015 vs