HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.34471 of 2014 Date : 2-12-2014 Between :
Smt. Chinamani Satyavathi .. Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner : Sri V.V.N. Narayana Rao Counsel for respondents : Assistant Government Pleader for Civil Supplies (AP) The Court made the following :
ORDER:
This Writ Petition is filed to declare the action of the respondents in not allotting the essential commodities to the petitioner’s fair price shop No.29 of Chinna Dibbapalem, hamlet of Chepala Uppada, Bhimunipatnam Mandal, Visakhapatnam District, as illegal and arbitrary.
The petitioner has averred that though a case under Section 6-A of the Essential Commodities Act, 1955 was booked following the inspection made on 31-10-2014, no order of suspension of the petitioner’s fair price shop authorisation was passed and that respondent No.3 has however stopped allocation of the essential commodities to her shop.
As no instructions are reported by the learned Assistant Government Pleader for Civil Supplies (AP) on two occasions, a direction was issued to respondent No.3 to be personally present. Accordingly, respondent No.3 is personally present today and has placed before the Court proceedings in Rc.No.10654/2014/C/, dated 6-11-2014, which shows that the petitioner has received the said proceeding on 8-11-2014. A perusal of the said proceeding shows that the Revenue Divisional Officer, Visakhapatnam has suspended the petitioner’s authorisation.
In view of the above fact, the plea of the petitioner that her fair price shop authorisation is in subsistence has turned out to be incorrect. The Writ Petition is therefore dismissed, however, with liberty to the petitioner to avail appropriate remedy for questioning the suspension order.
As a sequel to the dismissal of the Writ Petition, WPMP No.43113 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 2-12-2014 AM