THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17146 OF 2010 DATED 15th MARCH, 2011 Between: Ch.Vaddikasulu … Petitioner a n d The Sub-Collector, Vijayawada, Krishna District, and another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17146 OF 2010 O R D E R The petitioner, the fair price shop dealer of Shop No.122E/117 of Ajit Singh Nagar, Vijayawada, assails the proceedings dated 25.01.2008 passed by the Sub-Collector, Vijayawada, Krishna District, keeping his authorization under suspension, on the ground that the same is contrary to the principles of natural justice. He seeks a consequential direction to the respondent authorities to continue him as a fair price shop dealer in respect of the subject shop. The petitioner was appointed as the dealer for the subject fair price shop in February, 2007. He was issued show cause notice dated 19.06.2009 intimating him of his authorization having been suspended with effect from 25.01.2008 under the impugned proceedings, basing on the report dated 07.01.2008 furnished by the Assistant Supply Officer, Circle-I, Vijayawada, Krishna District, stating that he was involved in a criminal case due to the untimely death of his wife. The petitioner claims to have submitted his explanation on 30.06.2009 thereto, stating that he was falsely implicated in the death of his wife and that, having been taken into judicial custody, he was enlarged on bail on 25.03.2008. His complaint is that neither the report dated 07.01.2008 nor the suspension proceedings dated 25.01.2008 were served upon him and therefore, there is a violation of the principles of natural justice by the respondent authorities. He however did not deny his involvement in the criminal case involving the death of his wife, ostensibly owing to dowry harassment. The Revenue Divisional Officer, Vijayawada, Krishna District, first respondent, stated in his counter that as the petitioner was involved in the criminal case pertaining to the death of his wife due to dowry harassment, the issue as to the continuation of his authorization could only be taken up after the finalizing thereof. In so far as the failure to serve the suspension order upon the petitioner is concerned, it is stated that the same was due to the fact that the petitioner was in judicial custody at that time and therefore substituted service was resorted by affixture on the petitioner’s premises in the presence of mediators. Reference is made to Clause 19 of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 which states that the conditions stipulated in paragraph 2 of the Annexure-I attached to the said Order have to be observed by the authorized fair price shop dealers. Para 2(5) of Annexure-I to the said order states to the effect that the authorization shall be liable for suspension or cancellation, as the case may be, if the fair price shop dealer is involved in any criminal case. That being so, the suspension of the petitioner’s authorization as the fair price shop dealer in respect of the subject shop at Ajit Singh Nagar, Vijayawada, cannot be said to be illegal. In so far as the alleged violation of the principles of natural justice is concerned, the facts set out in the counter demonstrate that owing to the petitioner being in judicial custody, substituted service was effected. Hence, there is no violation as alleged. Viewed from any angle, the petitioner’s grievance with regard to the suspension of his authorization is not found to be in violation of law or the applicable norms. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs. --------------------------- SANJAY KUMAR,J 15TH MARCH, 2011 PGS/VGSR ( ) THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.17146 OF 2010 15TH MARCH, 2011