Mother Theressa Mss Fair Price Shop, v. The State Of Andhra Pradesh, Represented By Its Principal

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.7984 of 2015 ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 5.

This Writ Petition is filed seeking to declare the action of the 4th respondent in suspending the authorization of the petitioner vide proceedings dated 9.3.2015, as arbitrary and illegal. The petitioner is the dealer of fair price shop No.57, Pillavari Street Surya Nagar, Ramachandrapuram, East Godavari District. On 5.3.2015, the 5th respondent along with mediators, inspected the fair price shop of the petitioner, verified the stock, found variations and seized the stock. Thereafter, the authorization of the petitioner was suspended on the allegation that she diverted the rice to the black market without distributing the same to the intended beneficiaries. The petitioner submitted her explanation stating that even before the rice bags were unloaded, the tractor was inspected and the stock was seized. In the panchanama also, similar statement was given.

Learned counsel appearing for the petitioner submits that the 4th respondent-Revenue Divisional Officer, Ramachandrapuram, without considering the explanation submitted by the petitioner, suspended her authorization.

On the other hand, learned Government Pleader for Civil Supplies contended that truth or otherwise of the statement made by the petitioner in the explanation can only be determined in the course of enquiry, which is proposed to be conducted by the

Revenue Divisional Officer.

Having regard to the aforesaid submissions, the Writ Petition is disposed of directing the 4th respondent-Revenue Divisional Officer, Ramachandrapuram, to conduct enquiry and pass final orders, within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE R. KANTHA RAO 25th March, 2015 rkk