The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.38926 of 2014 Dated: 22.12.2014 Between:
Challgundal Venkata Subba Rao ..
Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad, and 3 others.
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Respondents Counsel for the petitioner: Mr.I.Koti Reddy 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 seizing the stocks available in the petitioner’s fair price shop at Jangalapalli Villge, Nujendla Mandal, Guntur District, under Panchanama, dated 28.07.2014, and the action of respondent Nos.2 and 3, in not releasing the stocks of essential commodities to the said shop, as illegal and arbitrary.
As this Court prima facie found that the whole action initiated against the petitioner is illegal, for, the variations found in the stocks of rice, red gram dal and kerosene oil, during the course of inspection, are well within the permissible limits, it has summoned respondent No.2 to explain his conduct in issuing show cause notice, dated 27-11- 2014, to the petitioner.
Today, respondent No.2 is personally present and admitted his mistake in issuing the impugned show cause notice to the petitioner though the variation found in the stock of PDS rice is well within the permissible limits and the variations found in the stocks of red gram dal and kerosene oil are marginally in excess of the permissible limits. He has placed before the Court the proceeding in Rc.No.5980/2014-B, dated 18-12-2014, whereby he has dropped further action. Respondent No.2, while seeking the Court’s pardon for acting illegally, has further stated that he will send a report to the Joint Collector, Guntur District, with a request to drop the proposed proceedings under Section 6-A of the Essential Commodities Act, 1955, and that he will depute his subordinates to serve the stock release order on the petitioner and collect the Demand Drafts from him.
The submission of respondent No.2 is placed on record and while accepting his apologies, the Writ Petition is closed.
As a sequel to closure of the Writ Petition, WPMP.No.48764 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V. Nagarjuna Reddy, J) Dt: 22nd December, 2014 lur