Disposed

Kadem Madhavi v. the State of Andhra Pradesh

Andhra Pradesh HC2 Dec 2021WP/28419/2021

Case brief

AI extract

What is this about?

In a writ petition regarding the cancellation of a fair price shop dealer's authorization without an enquiry, the Supreme Court directed the appellate authority to consider the pending appeal expeditiously within two months.

What did the court decide?

Directed the 2nd respondent to consider the appeal against the cancellation of authorization within two months and communicate the result to the petitioner.

Kadem Madhavi Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2021)

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HON’BLE JUSTICE M.GANGA RAO

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W.P.No28419 of 2021

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ORDER

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. The case of the petitioner is that she is a Fair Price Shop Dealer of Shop No.0824013 of Pandillapalli Village, Vetapalem Mandal, Prakasam District. She was appointed as temporary fair price shop dealer for the above shop about 5 years back since then she has been distributing the essential commodities to the card holders without any complaint. The 3^rd respondent issued show cause notice to the petitioner. She submitted explanation to the show cause notice on 13.09.2021. The 3^rd respondent without conducting any enquiry by giving reasonable opportunity to defend her case in the enquiry, straight away cancelled her authorization through impugned proceedings in Rc.1/1592/2021, dated 29.09.2021, contrary to the provision of clause 8(4) of the Andhra Pradesh State Public Distribution system Control Order, 2018 and also in violation of the principles of natural Justice. Aggrieved by the same, this writ petition is filed.

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The learned counsel for the petitioner submits that the petitioner filed an appeal before the 2^nd respondent along with stay petition on 04.10.2021 challenging the order dt: 29.09.2021 passed by the 3^rd respondent. The 2^nd respondent so far not issued any notice and no order was passed on the stay petition which is illegal and arbitrary.

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Learned Assistant Government Pleader for Civil Supplies states that without giving sufficient time to the appellate authority to consider the appeal, petitioner rushed to this Court and the appeal would be disposed of by the 2^nd respondent within a reasonable time.

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Having considered the facts and circumstance of the case, submissions of the learned counsel and on perusal of the material record, this court felt it appropriate to dispose of the writ petition directing the 2^nd respondent to consider the appeal filed by the petitioner on 04.10.2021 against the orders dated 29.09.2021 passed by the 3^rd respondent cancelling the petitioner’s authorization as per law as expeditiously as possible within a period of two months from the date of receipt of copy of this order and communicate the same to the petitioner.

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Accordingly, writ petition is disposed of. No costs.

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Miscellaneous petitions, if any, pending in this writ

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petition shall stand closed.

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___________________ M.GANGA RAO, J

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02.12.2021 ssp

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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WP.No.28419 of 2021

Date: 02.12.2021

ssp

__________________ M.GANGA RAO, J

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02.11.2021 ssp

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION No.20976 OF 2021

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01.11.2021

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ssp

Kadem Madhavi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kadem Madhavi v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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