Smt. Shaik Jani Begum v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18466 OF 2016 O R D E R :

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies (Andhra Pradesh). The petitioner was stated to be the fair price shop dealer of Shop No. 30, Macherla Town, Guntur District. On 25.05.2016, her authorization was suspended pending inquiry, vide proceedings Rc.No. 287/2016-E of the 2nd respondent Revenue Divisional Officer alleging that there is shortage in the stock available in the shop. The petitioner contends that pursuant to the show cause notice dated 12.05.2016 issued to her alleging that she has diverted the stock to black-market, she submitted the explanation stating that she was actually supplied the commodities with less in weight. Hence, she filed the present Writ Petition to declare the action of the 2nd respondent suspending the authorization of her fair price shop, as illegal and arbitrary.

In the instant case, admittedly, the inspection took place in the first week of the month, by which time, the vigilance authorities could find shortage in the stock, which prima facie, appears to be over and above the permissible limits under the Control Order. Hence, in the facts and circumstances of the case, this Court is not inclined to interfere with the order dated 25.05.2016. However, since the petitioner has already submitted her explanation to the show cause notice, it would be expedient to direct the 2nd respondent to complete the inquiry, taking into account and consideration the explanation, after affording an opportunity of hearing and pass final orders as expeditiously as possible.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

------------------------------------ CHALLA KODANDA RAM, J

13th June 2016 ksld