Kodavati Vijaya Kumari, W/O. Bosu Babu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.5108 OF 2016 ORDER:- The grievance of the petitioner is that though the authorization granted in favour of the petitioner is subsisting, the petitioner is not being issued with the essential commodities for distribution to the cardholder of Fair Price Shop No.19 of Chandrarajupalem Village, Bellamkonda Mandal, Guntur District.

On 17.02.2016 learned Government Pleader was directed to get instructions. Today when the matter is taken up for hearing it is submitted by the learned Government Pleader that on 17.02.2016 a show cause notice was issued to the petitioner to submit her explanation with respect to the allegations on certain irregularities. In that view of the matter, learned counsel for the petitioner submits that the enquiry may be directed to be completed.

Considering the submissions made by both the counsel, it is clear that the petitioner was carrying on the distribution of the essential commodities as Fair Price Shop Dealer and the show cause notice was issued on 17.02.2016 that is after filing of the Writ Petition, the entrustment of distribution of the essential commodities by the Tahasildar-3rd respondent to another dealer is impermissible, as such authority is not vested with the Tahasildar. In that view of the matter, till such time as final orders are passed by the 2nd respondent pursuant to the explanation that may be submitted by the petitioner to the show cause notice said to have been issued on 17.02.2016, petitioner shall be allowed to continue to discharge her functions as Fair Price Shop Dealer. The petitioner shall submit her explanation within a period of two weeks from today and within eight weeks thereafter the 2nd respondent shall complete the enquiry and pass final orders. The interim arrangement made shall not construe any right on the petitioner

and the same is only made till disposal of the enquiry by the 2nd respondent.

Accordingly, the Writ Petition is disposed of. Miscellaneous petitions pending consideration, if any, shall also stand closed in consequence. There shall be no order as to costs. _____________________________ CHALLA KODANDA RAM, J Date: 19.02.2016 Ssv