HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35150 2014 Date:27.11.2014 Between:
C.Kumar, S/o Late Chandrasekhar . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Nagaraju Naguru Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.4, in refusing to receive the Demand draft from the petitioner and issue release order in respect of fair price shop No.46, Marrimanda Diguva B.C. Village, Yerpedu Mandal, Chittoor District, as illegal and arbitrary.
In obedience to the direction issued by this Court on 24.11.2014, respondent No.4 is personally present today. Initially, he tried to doggedly defend his action in not issuing the release order on the ground that the petitioner has not submitted the Demand Draft for the month of November, 2014. When this Court has confronted him with the photocopy of the Demand Draft, dated 20.10.2014, filed by the petitioner, respondent No.4 has eaten his words and assured that he will mend his ways in future. He has also stated that he has issued the release order to the petitioner for the month of December, 2014.
The conduct of respondent No.4, who is a public servant, is highly deplorable. This Court has no reason to believe that having obtained the Demand Draft on 20.10.2014, the petitioner would not have approached respondent No.4 and sought to hand over the same. The stand taken by respondent No.4 that the petitioner has not approached him with the Demand Draft is, therefore, liable to be rejected out of hand. The conduct of respondent No.4 calls for serious censure. Respondent No.4 is warned not to repeat his conduct in future. Inasmuch as the release order for the month of December, 2014 is stated to have already been issued to the petitioner, the Writ Petition is closed with the above warning given to respondent No.4.
As a sequel, WPMP.No.43967 of 2014 is disposed of as infructuous.
27th November 2014 DR JUSTICE C.V.NAGARJUNA REDDY