THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.24795 of 2010 DT.24.01.2011 Between: P.Srinivas … Petitioner And The Government of Andhra Pradesh, rep.by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and others … Respondents Counsel for the Petitioner: Sri V.Ravi Kiran Rao Counsel for respondents: AGP for Civil Supplies The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to set aside order, dated 20.09.2010, in proceedings No.B3/4761/2010, of respondent No.3, whereby he has cancelled the petitioner’s fair price shop authorization. I have heard Sri V.Ravi Kiran Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies. The petitioner is appointed as fair price shop dealer of shop No.51 of Nizamabad Urban. On 17.08.2010, his shop was inspected by the Assistant Grain Purchasing Officer and it was found during the inspection that one Sri G.Mallesh was running the fair price shop. Following the report submitted by the Assistant Grain Purchasing Officer, respondent No.3 issued show-cause notice, dated 31.08.2010, to which, the petitioner submitted his explanation, dated 09.09.2010, wherein he has stated that Sri G.Mallesh is appointed as his Assistant and therefore, the allegation that the petitioner has been running through benami is not correct. Respondent No.3 has, however, cancelled the authorization by treating the person, who was found running the shop, as a benami person. A perusal of the authorization of the petitioner shows that the name of Sri G.Mallesh is mentioned in the authorization itself. In his order, dated 20.09.2010, respondent No.3 has not found the petitioner’s plea that Sri G.Mallesh was authorized to assist him as incorrect. As Sri G.Mallesh was also authorized besides the petitioner to run the shop, the finding of respondent No.3 that a benami person was found running the shop is factually incorrect and the same cannot be sustained. For the above-mentioned reasons, the impugned order is set aside and the writ petition is allowed. (C.V.NAGARJUNA REDDY, J) Date:24.01.2011 VGB