Chirumamilla Butchaiah v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.27578 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the impugned proceedings in Rc.No.125/2016-C dated 03.05.2016 issued by the fourth respondent, as illegal, arbitrary and without jurisdiction.

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh).

3. A perusal of the record reveals that the petitioner was appointed as Fair Price Shop Dealer in respect of Shop No.30 of Oppicherla Village, Karempudi Mandal, Guntur District in the year 2008. It is the case of the petitioner that he has been distributing the essential commodities to the card holders without any complaint whatsoever. While so, on 08.02.2016, the sixth respondent along with the Vigilance Officials visited the fair price shop of the petitioner and found variation in the stock. On 18.02.2016, the fourth respondent issued a showcause notice calling for the explanation of the petitioner with regard to the variation in the stock. Being not satisfied with the explanation submitted by the petitioner, the fourth respondent suspended his authorization in respect of Fair Price Shop No.30 on 03.05.2016.

4. The contention of the learned counsel for the petitioner is that the fourth respondent suspended the authorization of the petitioner without properly scrutinizing the explanation submitted by the petitioner.

5. The learned Assistant Government Pleader for Civil Supplies submitted that the petitioner contravened the provisions of A.P.Public Distribution System (Control) Order, 2008; therefore the order passed by the fourth respondent is legally sustainable.

6. Whether the petitioner has contravened the provisions of

A.P.Public Distribution System (Control) Order, 2008 or not is purely a disputed question of fact, which cannot be gone into while exercising the jurisdiction under Article 226 of the Constitution of India. The fact remains that the enquiry is pending before the fourth respondent.

7. At the time of argument, the learned counsel for the petitioner submitted that the fourth respondent may be directed to dispose of the enquiry pending against the petitioner as expeditiously as possible. The learned Assistant Government Pleader for the respondents also consented for the same.

8. In view of the submissions made by learned counsel for both parties, this Court is not inclined to go into the merits of the main case.

9. Having regard to the facts and circumstances of the case and also the submissions made by learned counsel for both parties, the fourth respondent is hereby directed to dispose of the enquiry pending against the petitioner, after affording a reasonable opportunity to him to put forth his stand, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order, failing which, the fourth respondent is further directed to restore the authorization of the petitioner in respect of Fair Price Shop No.30 of Oppicherla Village, Karempudi Mandal, Guntur District.

10. With the above direction, the Writ Petition is disposed of. No costs.

11. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 17.08.2016 Ivd