K. Shantha W/o M. Srinivasulu v. State of Andhra Pradesh
2025-09-23
V.SUJATHA
body2025
DigiLaw.ai
ORDER : 1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or direction more particularly in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the order of the 4 th respondent dated 13.05.2025 vide Rc.(M).1201/2025 by suspended the authorization of F.P. Shop No. 1381014 of Yemnniganur Town and Mandal. Kurnool District as illegal, arbitrary, violation of principles of natural Justice and violation of articles 14, 19(1)(g) and 21 of the Constitution of India and consequentially set aside the above orders passed by the respondents 3 and 4 and direct the respondents to permit the petitioner to run the F.P. Shop No. 1381014 of the Yemmiganur Town and Mandal, Kurnool District by supplying essential commodities….” 2. Brief facts of the case as follows: a) The petitioner was appointed as permanent Fair Price Shop dealer of Shop No.1381014, Yemmiganur, Kurnool District in the year 1997. The said authorization was extended from time to time and the authorities have recently issued a renewed authorization dated 06.02.2025. b) While the matter stood thus, on 05.05.2025, the staff of the 5 th respondent visited the petitioner’s Fair Price Shop and submitted a report to the 5 th respondent. Basing on the said report, the 4 th respondent issued a show-cause notice vide RC(M).1201/2025 dated 13.05.2025, directing the petitioner to attend before the Sub-Collector, Adoni on 17.05.2025 at 3.00 p.m. along with her explanation, permanent appointment order, authorization and connected records for the purpose of enquriy. Accordingly, the petitioner submitted her explanation on 17.05.2025. c) The grievance of the petitioner in the present writ petition is that the respondents, without even waiting for the time prescribed in the above show-cause notice, have straight away passed the impugned order on the very same day i.e., 13.05.2025, suspending the petitioner’s authorization pending enquiry. It is further contended that the respondent authorities, without conducting any independent enquiry, passed the impugned order only basing on the report submitted by the 5 th respondent, which is arbitrary, illegal, and in violation of the principles of natural justice; it lacks independent reasoning or proper adjudication. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4.
3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On perusal of the record, it is clear that the petitioner was issued a show-cause notice on 13.05.2025, granting four days to submit an explanation. However, the impugned suspension order was passed on the very same day itself i.e. on 13.05.2025, without waiting for the explanation. This action is in clear violation of the principles of natural justice and, on the other hand, the 4 th respondent passed the suspension order solely based on the report of the 5 th respondent recommending to take further course of action under Section 6-A of the Essential Commodities Act. Therefore, the impugned proceedings are liable to be set aside. 5. In view of the same, the Writ Petition is allowed, and the impugned proceedings dated 13.05.2025 are hereby set aside. Since the petitioner has already submitted her explanation on 17.05.2025, the respondents are directed to consider the same and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. The respondents are further directed to supply essential commodities to the petitioner’s Fair Price Shop, until the disciplinary proceedings, if any, are finalized. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.