Smt.B.Sowmya W/O. G.Govinda Reddy v. The State Of Andhra Pradesh
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *** WRIT PETITION No.22308 of 2015 Between:
Smt. B.Sowmya, W/o.G.Govinda Reddy.
... Petitioner and The State of Andhra Pradesh, rep. by its Principal Secretary, Department Civil Supplies, Secretariat, Hyderabad and others ... Respondents DATE OF JUDGMENT PRONOUNCED: 20-07-2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No Marked to Law Reporters/Journals?
3. Whether Their Lordship wish to see the Yes/No fair copy of the Judgments?
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22308 of 2015 ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
The petitioner was appointed as fair price shop dealer of shop
No.51 of Peddathumbalam village, Adoni Mandal, Kurnool District. The fair price shop of the petitioner was inspected by the Tahasildar, Adoni and noticed some irregularities. Thereafter, the Tahasildar, Adoni submitted a report on 23.04.2015, based on which, the third respondent issued show cause notice dated 30.04.2015 to the petitioner. The petitioner submitted his explanation denying the allegations levelled against him.
Being not satisfied with his explanation, the third respondent by order dated 27.05.2015, cancelled the authorization of the petitioner. Challenging the same, the present writ petition is filed.
This Court carefully perused the impugned order. The operative portion of the said order reads as follows: "The report of the Tahasildar, Adoni and the explanation of the dealer have been perused. On verification of the explanation of the dealer it clearly shows that he is not maintaining the F.P.Shop regularly and not distributing ECs to the card holders properly. More over the explanations submitted by the dealer is not convincing.
As the dealer has contravened/violated the condition of A.P.P.D.S.Control Order, 2008. The FP Shop dealership/ authorization held by the dealer is here by cancelled with immediate effect." When the petitioner has denied the charges levelled against him, the burden is on the authorities to prove the charges and the petitioner cannot be asked to prove negative. A perusal of the impugned order indicates that no enquiry was conducted and only explanation of the petitioner was compared with the report of the Tahasildar and finally order of cancellation of authorization was passed. In the circumstances, this Court is inclined to set aside the order dated 27.05.2015 passed by the third respondent. Accordingly, the order dated 27.05.2015 passed by the third respondent is set aside. However, it is open to the third respondent to conduct an enquiry by following the due process of law and pass final
order thereon. Till the enquiry is completed and final order is passed, the petitioner shall not be disturbed from his fair price shop dealership. The writ petition is allowed to the extent indicated above. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed. _________________________ A.RAMALINGESWARA RAO, J Date: 20.07.2015 siva