V. Padma v. The Joint Collector
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6927 of 2009 Date:16.9.2015 Between:
V.Padma, W/o Venkata Rao ..... Petitioner And:
The Joint Collector, Karimnagar District and two others.
.....Respondents Counsel for the Petitioner: None appeared Counsel for the Respondents: GP for Civil Supplies (TS) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside show cause notice, dated 15.4.2008, and proceedings No.G/618/2008, dated 15.4.2008, of respondent No.2, whereby the petitioner's fair price shop authorisation has been suspended.
I have heard learned Government Pleader for Civil Supplies (Telangana State).
A perusal of the impugned proceeding suspending the petitioner's authorization shows that the only ground mentioned therein was that he was distributing rice with short weighments.
In the impugned show cause notice, in addition to the said ground, it was alleged that excess stock of rice was found and that the petitioner has acted contrary to the A.P. Public Distribution System Control Order, 2001.
In his report, dated Nil.12.2008, submitted by respondent No.3 to respondent No.2, it was informed that the petitioner worked as fair price shop dealer for 18 years without any complaints; that the alleged variation was only 8 kgs, which is within the permissible limits and was ignorable; and that due to political rivalry, some persons have developed grudge against the petitioner and got foisted a false case against her.
The vague nature of both the impugned proceedings coupled with the report of respondent No.3 would demonstrably prove that initiation of proceedings against the petitioner is due to extraneous reasons. Hence, the impugned show cause notice and the impugned proceedings are quashed.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, WPMP.No.9067 of 2009 shall stand disposed of as infructuous.
________________________________ JUSTICE C.V.NAGARJUNA REDDY 16th September 2015 DR