HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.31602 of 2014 Date : 24-10-2014 Between:
Chintu Appala Suramma ..
Petitioner And The State of A.P., Represented by its Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat Buildings, Hyderabad and others ..
Respondents Counsel for petitioner : Sri V. Sudhakar Reddy Counsel for respondents : Assistant Government Pleader for Civil Supplies (AP) The Court made the following :
ORDER:
This Writ Petition is filed with the grievance that respondent Nos.2 and 3 have stopped supply of essential commodities to the petitioner’s fair price shop even though her authorisation was subsisting.
At the hearing, the learned Assistant Government Pleader for Civil Supplies for the State of Andhra Pradesh, has stated that following the inspection of the petitioner’s fair price shop and initiation of proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act"), the supplies were stopped and a show cause notice under Section 6-B of the Act has been issued to her. He has however candidly admitted that respondent No.2 has not initiated any proceedings against the petitioner with regard to her authorisation.
So long as the petitioner’s authorisation subsists, she cannot be prevented from functioning as the dealer. Therefore, respondent Nos.2 and 3 are directed to supply essential commodities to the petitioner so long as her authorisation remains in force.
The Writ Petition is accordingly allowed to the extent indicated above.
As a sequel to the disposal of the Writ Petition, WPMP No.39505 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 24-10-2014 AM