Research › Search › Judgment

Andhra High Court · body

2019 DIGILAW 272 (AP)

T. Uma Mahesh v. State of Andhra Pradesh

2019-10-14

G.SHYAM PRASAD

body2019
ORDER : G. SHYAM PRASAD, J. 1. This is a writ of mandamus filed for declaring the action of respondent No. 2 in suspending the authorization of the petitioner for the shop bearing No. 1348039 of Kommemarri Village, Peapully Mandal, Kurnool District, as illegal and arbitrary. 2. Heard learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. 3. This is a case where show-cause notice has been issued on 5.9.2019 to the petitioner in respect of the irregularities committed in distribution of supply of essential commodities to the card holders. On the same day, the license of the petitioner has been suspended without giving any opportunity to the petitioner to submit his explanation to the show-cause notice. 4. Learned Government Pleader for Civil Supplies submits that the variation in the stock is very high and therefore, the license of the petitioner has been suspended. 5. In the light of the submission of both sides, in similar circumstances, this Court has time and again observed that when there is a show-cause notice issued specifying the time for giving reply to the show-cause notice, without adhering to the time stipulated in the show-cause notice, cancellation of the license of the petitioner is not in accordance with law, which in grave violation of principles of natural justice. There is no opportunity for the petitioner to give his explanation with regard to the variation in the stock. Therefore, the Order dated 5.9.2019 passed by respondent No. 2 is hereby set aside. The petitioner is directed to submit his explanation within one week from the date of this Order and within four weeks from the date of receipt of a copy of this order, the respondents shall complete the enquiry in this matter. In the meanwhile, the respondents shall supply the essential commodities to the Fair Price Shop of the petitioner. 6. With these observations, the writ petition is disposed of. No costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed.