Extracted from the PDF above. The PDF is authoritative.
APHC010121622025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6118/2025 Between: D V Ramana ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. M M M SRINIVASA RAO Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following ORDER:
The petitioner is a permanent dealer of fair price shop No.1338041 of Pathakandukur Village, Allagadda Mandal, Nandyal District, since 20 years. On the report submitted by the 4th respondent/Tahsildar, impugned show cause notice was issued by the 3rd respondent/Revenue Divisional Officer on 30.01.2025, for which an explanation was submitted by the petitioner on
10.02.2025. The respondents, without affording opportunity of personal
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hearing, have passed the impugned order of suspension which is nothing but violation of principles of natural justice.
2. The authorization cannot be cancelled without following the principles of natural justice, which includes issuance of show cause notice mentioning therein the various charges on which the authorization is sought to be cancelled, calling upon the fair price shop dealer to submit his/her explanation to the show cause notice and then holding an enquiry and passing appropriate orders after hearing the fair price shop dealer. In the instant case, no show cause notice was issued for cancellation of the authorization. The show cause notice issued was only for suspension pending enquiry. Therefore, on that basis, further action for cancelling the authorization could not have been taken without following the procedure established in law and for that reason, the
Order of cancellation is rendered bad in law and hence, it is liable to be set aside.
3. Accordingly, the Writ Petition is allowed by setting aside the impugned
order issued by the 3rd respondent vide Rc.No.CS/193/2025, dated 10.02.2025, with a direction to the respondents to consider the explanation made by the petitioner on 10.02.2025, and pass a reasonable order afresh, within a period of two (02) months from the date of receipt of a copy of the
order. Till such time, the respondents are directed to restore the authorization
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of the petitioner’s fair price No.1338041 of Pathakandukuru Village of Allagadda Mandal. No order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand closed.
___________________________
JUSTICE SUMATHI JAGADAM Date: 11.03.2025 KAS
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220
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 6118/2025
Date: 11.03.2025 KAS
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