APHC010635202018 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Tenth day of The Honourable Writ Petition Between: Smt.A.Vasanthamma The State of A P and others Counsel for the petitioner: 1. Ch. Siva Reddy Counsel for the respondent 1. GP for Civil Supplies The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) the Tenth day of March, Two Thousand Twenty Five Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No.30784 of 2018 ...Petitioner AND thers ...Respondent etitioner: espondents: Civil Supplies (AP) The Court made the following: [3311] Two Thousand Twenty Five Petitioner Respondents 2 BSB, J W.P.No.30784 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or order or direction more particularly one in the nature of Writ of Certiorari and call for the records relating to the orders passed by the learned District Collector, Chittoor passed in D. Dis. No (C1)34/2017, dated 21.03.2018, upholding the orders of the learned Joint Collector, Chittoor, in D. Dis (C1) 435/2016, dated 28.8.2017, by which the orders of the Sub-Collector, Madanapalle, in D.Dis/(A3)/3781/2016 dated 19.10.2016 cancelling the authorization of the petitioner to run the fair price shop No.17 was upheld and quash the same and consequently set aside the cancellation of authorization of FP shop dealership and forfeiture of security deposit of the petitioner and restore dealership of fair price shop No.17 to the petitioner and pass such other order or orders may deem fit and proper in the circumstances of the case.” 2. Heard Sri Ch. Siva Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner, in brief, is as follows: a. The petitioner belongs to Matlivaripalle, hamlet of Udayamanikyam village. She is the president of Saraswathi Mahila Mandali, Madanapalle and was authorized to run the fair price shop 3 BSB, J W.P.No.30784 of 2018 No.17, Reddivaripalle village. She has been running the fair price shop for more than 14 years without any remark whatsoever. b. During the Mandal Praja Parishad and District Praja Parishad elections, the wife of the petitioner’s cousin brother, namely, Chengamma, contested as MPTC member and won the elections. The dealer of fair price shop No.16, Smt. Rajani, has supported the TDP candidate who contested against Chengamma and the said TDP candidate lost the elections. From then onwards, efforts are being made to cancel the authorization of the fair price shop of the petitioner. c. On 05.08.2016, the respondent Nos.5 and 6, along with some other people, suddenly came to the fair price shop of the petitioner under the guise of inspection and verified the stocks. After verification, the Sub-Collector, Madanapalle, issued show cause notice, dated 30.08.2016, calling for the explanation for the alleged lapses pointed out by the Tahsildar, Yerravaripalem Mandal and without providing an opportunity to the petitioner, the authorization of the petitioner was suspended pending further orders. 4. The variation in the stock is as follows: Sl. No. Name of commodity O.B (in qtls.) Total (in Qtls./ Lts.) Quantity disturbed through ePoS (in Qtls./ Lts.) Balance available as ePoS (in Qtls/Lts.) Ground balance (in Qtls/ Lts.) Variation (+/-(in Qtls/Lts.) Varia- tion (%) 1 PDS RICE & AAY 2.24 45.42 37.17 3.25 8.00 (-)0.25 0.55% 2 Sugar 0.10 1.40 ½ 1.09 ½ 0.31 0.29 ½ (+) 0.00 ½ 0.38% 3 K.Oil 41 41 41 0 115 (+)115 280.00% 4 R.G.Dall (ICDS) 0 0.22 0.22 0 0 - - 5 P.Oil (ICDS) 21 24 3 21 0 (-21) 87.50% 4 BSB, J W.P.No.30784 of 2018 5. With regard to charge no.1, according to the petitioner, there was shortage of 25 kgs of rice, 1 ½ kgs sugar as the weight of gunny bags has not been taken into consideration in ePoS supplies and with regard to excess of 115 liters of kerosene, it is the submission of the petitioner that kerosene was already distributed to the cardholders but they did not take the same for want of cans. Insofar as shortage of 21 packets of palm oil belonging to ICDS is concerned, it is submitted that the said packets were taken by the ICDS incharge, but, bills could not be taken due to repair in the electronic machine. 6. The following charges have been framed against the petitioner: CHARGE No.1: During inspection and on verification of the ePoS closing balances with that of ground balances the inspection team identified there is shortage of 25 kgs of rice, 1 ½ kg sugar, excess of 115 lts kerosene and shortage of 21 packets of P.Oil belongs to ICDS thereby the F.P shop dealer violated clause 17(b) & (C) of PDS Control order, 2008. CHARGE No.2: The F.P shop being run by the benami person, namely, K. Lakshman Reddy, thereby the F.P shop dealer violated authorization condition No.1 under clause 5(5) of PDS Control Order, 2008. CHARGE No.3: The F.P shop dealer not possessing valid authorization thereby violated authorization conditions under clause 5(8) of PDS Control Order, 2008. 5 BSB, J W.P.No.30784 of 2018 7. The petitioner submitted written explanation to the Sub-Collector, Madanapalle, in respect of the charges levelled against her. In spite of that, the Sub-Collector, Madanapalle, issued the proceedings, dated 19.10.2016, cancelling the authorization of the petitioner holding that the first charge was partly proved with regard to K Oil and P. Oil and the other two charges were proved. The petitioner filed W.P.No.37281 of 2016. The said writ petition was disposed of granting liberty to avail the remedy of appeal. 8. The petitioner filed appeal against the orders of the Sub-Collector, Madanapalle, before the Joint Collector, Chittoor. The appeal was also dismissed vide proceedings in D.Dis (C1)435/2016, dated 28.08.2017. Aggrieved by the orders of the Joint Collector, the petitioner filed writ petition in W.P.No.40356 of 2017, which was disposed of on 29.11.2017 granting liberty to avail the alternative remedy of revision. The petitioner filed revision before the District Collector, Chittoor, and the revision was also dismissed upholding the orders of the Joint Collector, Chittoor. Aggrieved thereby, the present writ petition is filed. 9. The learned counsel for the petitioner submitted that the authorities have not followed the due procedure under the A.P State Public Distribution System (Control) Order, 2008 in cancelling the licence of the petitioner and that the variation of PDS rice and sugar are within the permissible limits. The Collector ought to have considered that K. Lakshman Reddy is the brother of the petitioner herein who used to help in running the fair price shop but not a benami person; that the authorities are well aware that the authorization of the petitioner/dealer in original was submitted to the Tahsildar, Yerravaripalem along with challan bearing No.7229 for Rs.250/- towards the fee for revalidation and the same was forwarded to the Sub-Collector, Madanapalle for its 6 BSB, J W.P.No.30784 of 2018 further revalidation till 30.3.2015 and therefore, the license could not be produced during the inspection; and that the amount of Rs.250/- for revalidation for the period upto 31.03.2017 through A.P Online receipt No.4462035, dated 12.06.2016 and the same was submitted to the Tahsildar, Yerravaripalem for onward submission to the Sub-Collector, Madanapalli and hence the observation that the dealer was not in possession and she had not shown interest to get renewed the authorization is not correct. He further submitted that the authorities, more particularly, the respondents No.2 to 6, under the influence of leaders of the ruling party, have predetermined and cancelled the authorization of the fair price shop No.17 of the petitioner. 10. The operative portion of the order passed by the 2nd respondent/ District Collector, Chittoor, reads as follows: “I have heard the arguments and perused the records placed before me. As seen from the lower Court records, it is noted that the vigilance team who inspected the F.P shop noticed excess stock of 115 litres of Kerosene, shortage of 25 kgs of public distribution system rice, 1.5 kgs of sugar and 21 packets of palmoline oil. Though the variations in the commodities of PDS rice, sugar are in permissible limits, there is excess stock of 115 litres of Kerosene available in the F.P shop, which is more than the admissible limit. The revision petitioner has accepted that finger prints of the cardholders was taken in the e-PoS machine but kerosene was not distributed to them with an intention to distribute later. The revision petitioner has not submitted any documentary evidence to substantiate her contention on the above. It is also observed that the said F.P shop is being run by benami 7 BSB, J W.P.No.30784 of 2018 person who is not a family member of the F.P shop dealer and not authenticated with their UID. The lower court has verified all the case records and issued well reasoned orders. In view of the above, I see no reasons to interfere with the orders of the lower Court in D.Dis.No.C1/435/2016, dated 28-8-2017 passed by the Joint Collector, Chittoor are upheld and the revision petition is hereby dismissed.” 11. Irrespective of charge No.3, in view of findings on charges No.1 & 2, there is no reason to interfere with the order impugned. 12. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. __________________ B.S.BHANUMATHI, J 10-03-2025 RAR