The High Court dismissed a Writ Appeal filed by the State against the Single Judge's order quashing the cancellation of a fair-price-shop licence. The Court upheld the finding that assistance from a close relative for unloading/weighing rice did not amount to benami operation.
The Writ Appeal was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT APPEAL No.272 of 2016
Date: 19.04.2016
Between:
The State of A.P., rep.by its Secretary, Civil Supplies Department, Secretariat, Hyderabad and two others.
…..Appellants/ Respondents in writ petition
and
Smt. Attanti Vijaya, W/o Veera Vasantha Rao, Aged 31 years, F.P.Shop Dealer, Shop NO.6, R/o Kondamudusupalem Village, Kandukuru Mandal, Prakasam District.
…..Respondent/ Petitioner in writ petition
The Court made the following: HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL No.272 of 2016
PC: (Per the Hon’ble Sri Justice P.Naveen Rao)
Heard learned Government Pleader for Civil Supplies (AP) and learned counsel for appellants.
2. Writ Petitioner is a fair-price-shop dealer. Petitioner assailed cancellation of the dealership licence granted to the petitioner vide orders of the Revenue Divisional Officer dated 02.07.2014, which was confirmed by the District Collector (Civil Supplies) vide his order dated 28.10.2014.
3. Petitioner was served with show-cause notice leveling two charges in the functioning as fair-price-shop dealer. Construing the explanation of the petitioner as admission of petitioner on the first charge and rejecting the explanation without assigning due reasons and examining material on record on second charge, held the charges as proved resulting in terminating the dealership.
4. With reference to first charge, learned single Judge observed that explanation given by the petitioner did not amount to accepting the allegations and that merely because person is helping in unloading the rice bags and for weighing them does not amount to operating the dealership as benami. Learned single Judge further noticed that no evidence was relied upon in support of the allegation that so-called Madhava Rao was in fact running the shop on benami name and not merely assisting the petitioner. Learned single Judge, therefore, held that merely because the petitioner stated that she was taking the help of Madhava Rao for unloading the rice bags does not amount to acceptance of the allegation. With reference to the second charge, learned single Judge observed that the finding on charge no.2 was without any evidence on record.
5. Having regard to the said findings, learned single Judge set aside the cancellation of petitioner fair-price-shop dealer licence. 6. Learned Government Pleader sought to contend that action of the petitioner was in violation of the orders of the Government in G.O.Ms.No.4, Consumer Affairs and Civil Supplies-1 Department,
dated 19.02.2011, which prohibits taking assistance from the person other than the close relative. The petitioner did not disclose the name of said family member in the dealer’s supply card and, therefore, the very presence of Madhava Rao in the shop amounts to operating the fair-price-shop on benami name. We cannot countenance such argument. On assessment of material on record, learned Judge held that taking help of a close relative to unload rice bags and to weigh them, in the absence of any other material, does not amount to operating the fair-price-shop on benami name. We are in respectful agreement with the reasoning assigned by learned single Judge. Writ appeal merits no consideration and is accordingly dismissed.
Miscellaneous petitions if any pending shall stand closed. No costs.
_________________________ DILIP B. BHOSALE, ACJ _________________________
Date:19.04.2016 Kkm/
HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT APPEAL No.272 of 2016
Date: 19.04.2016
kkm
2 issues framed by the court
Whether the Single Judge erred in upholding the cancellation of the fair-price-shop licence by finding that taking help of a relative did not constitute benami operation.
Whether the Writ Appeal challenging the High Court's judgment in the cancellation proceedings deserves scrutiny.
The State of A.P.
Attanti Vijaya
DILIP B. BHOSALE
NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
