THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.26169 of 2014 Dated: 09.10.2014 Between:
C. Kesappa .. Petitioner and The Government of Andhra Pradesh, Rep. by its Secretary, Food & Civil Supplies Department, Secretariat Buildings, Hyderabad, and others.
.. Respondents Counsel for the Petitioner: Mr. K. Srinivas Counsel for the respondents: AGP for Civil Supplies (A.P.) The Court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondents 2 and 3 in not allotting essential commodities to the petitioner’s fair price shop of Kothakota Village, Bukkapatnam Mandal, Anantapur District, as illegal and arbitrary.
The petitioner pleaded that his fair price shop authorization was valid till 2011 and that before expiry of the same, he has filed an application for renewal. The grievance of the petitioner is that though his application is not disposed of, respondents 2 and 3 have stopped allotting commodities to his fair price shop.
At the hearing, the learned Assistant Government Pleader for Civil Supplies, on instructions, submitted that the petitioner’s fair price shop was inspected by the officials of the Civil Supplies Department, that based on the said inspection, proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), were initiated and that a final order was passed on 18.04.2011, confiscating the essential commodities for the proven irregularities. He has further submitted that the petitioner has not filed any appeal against the said order and that thereby he has allowed the said confiscation order to become final. He has, however, stated that he has no instructions on the status of the petitioner’s application for renewal of his authorization.
In my opinion, if the petitioner’s application for renewal of his authorization is pending before respondent No.2, he is under obligation to dispose of the same.
Respondent No.2 is, therefore, directed to examine whether the petitioner made an application for renewal of his authorization and if such application was made and the same is pending, he is directed to dispose of the same according to law, taking into consideration the order dated 18.04.2011 passed under Section 6-A of the Act, within two months from the date of receipt of this order, and communicate the same to the petitioner.
Subject to the above directions, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.32716 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 9th October, 2014 IBL