HC - In the absence of any provision bringing about automatic termination of the authorization on account of pendency of a criminal case, the petitioner cannot be deprived of his right to run the fair price shop on the mere allegation of registration of a criminal case, that too on a charge, which is unconnected with the running of the fair price shop. So long as the petitioner’s authorization subsists, he is entitled to function as the fair price shop dealer


IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
 *THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

+ WRIT PETITION No.30973 of 2010

%          Dated: 10-12-2010

#           Banoth Ramesh
… Petitioner

                             VERSUS

$        The State of A.P., rep., by its
          Principal Secretary for Civil Supplies,
          Hyderabad & others.
… Respondents


!          Counsel for the petitioner :   Sri Pulla Rao
                                                  
                                                          
^          Counsel for the respondents : AGP for Civil Supplies

Between:


Banoth Ramesh  
..... Petitioner

AND

 

The State of A.P., rep., by its
Principal Secretary for Civil Supplies,
Hyderabad & others.
.....Respondents

Counsel for the petitioner          :  Sri Pulla Rao

                                                  

Counsel for the respondents :  AGP for Civil Supplies
                                                 

The Court made the following :


THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.30973 of 2010


ORDER:

          This writ petition is filed for a Mandamus to declare the action of respondent Nos.4 and 5 in seizing the petitioner’s fair price shop along with the stock and tagging the same to fair price shop No.32006 of Bayyaram, Khammam District vide proceedings dated 04.10.2010, as illegal.
          The petitioner is a fair price shop dealer of shop No.32004 of Singaram Village, Bayyaram Mandal, Khammam District.  Respondent No.5 vide his proceedings Rc.No.C/520/2008, dated 04.10.2010 observed that a criminal case was registered against the petitioner for forgery of a pahani and that he was enlarged on bail and consequently the shop was seized and the stock was handed over to another fair price shop dealer for distribution of essential commodities.  The petitioner, after being unsuccessful in his attempt to convince the respondents to restore distribution of essential commodities to him, filed the present writ petition.  It is the pleaded case of the petitioner that the alleged forgery of a pahani on the basis of which a criminal case has been registered against him has nothing to do with his discharge of duties as fair price shop dealer and that there is no provision under the A.P. State Public Distribution System (Control Order), 2008 which empowers the respondents to take departmental action on mere registration of a criminal case, unless the fair price shop dealer is convicted for any offence.
          At the hearing, the learned Assistant Government Pleader for Civil Supplies fairly conceded that except registration of a case, no allegations are pending against the petitioner in connection with the running of the fair price shop and that unless the petitioner is convicted for any offence, he does not incur any disqualification for continuing as fair price shop dealer.  He has also stated that so far no departmental action is initiated against the petitioner and his authorization is subsisting.
          In the absence of any provision bringing about automatic termination of the authorization on account of pendency of a criminal case, the petitioner cannot be deprived of his right to run the fair price shop on the mere allegation of registration of a criminal case, that too on a charge, which is unconnected with the running of the fair price shop.  So long as the petitioner’s authorization subsists, he is entitled to function as the fair price shop dealer.
          For the abovementioned reasons, the writ petition is allowed.  Respondent Nos.4 and 5 are directed to permit the petitioner to function as fair price shop dealer as long as his authorization continues to remain in force.
          As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.39400 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.

____________________________
                                                C.V.NAGARJUNA REDDY, J
Date: 10.12.2010
ES

LR copies to be marked.

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