THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.36102 of 2014 Dated: 26.11.2014 Between:
Smt. A. Mahalakshmi .. Petitioner and The State of A.P., Rep. by its Principal Secretary, Food & Civil Supplies (CS-1) Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. N. Parameswar Reddy Counsel for the respondents: A.G.P. for Civil Supplies (A.P.) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in not releasing the stocks to the petitioner’s fair price shop bearing No.13, 4/2 Ward, Proddatur, Kadapa District, as illegal and arbitrary.
The petitioner averred that based on the inspection of her fair price shop made on 21.10.2014, respondent No.3 has issued a show-cause notice on 27.10.2014 alleging that the inspection has revealed certain variations in the essential commodities, that she has made false entries of sales in the sales register with a view to divert the essential commodities into black market for higher profit and that she is not maintaining the registers properly. The grievance of the petitioner is that though the enquiry is pending and her authorization is subsisting, the respondents have not been releasing the stocks.
A perusal of the show-cause notice shows that no order suspending the petitioner’s authorization has been issued. So long as the petitioner’s authorization remains in force, the respondents cannot withhold stocks to her for distribution. In this view of the matter, respondents 3 to 5 are directed to allow the petitioner to continue as fair price shop dealer by releasing the stocks to her for distribution, so long as her authorization remains in operation.
Subject to the above direction, the writ petition is disposed of. As a sequel to the disposal of the writ petition, W.P.M.P.No.45195 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 26th November, 2014 IBL