THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38065 of 2014 Dated: 10.12.2014 Between:
D. Rahamthulla .. Petitioner and The State of Andhra Pradesh, Rep. by Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. K. Narsi Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The court made the following:
ORDER:
This writ petition is filed with the grievance that though the petitioner’s fair price shop authorization is in subsistence, respondent Nos.4 and 5 have not been allotting stocks to him for distribution.
The petitioner has averred that he was appointed as permanent dealer of fair price shop No.29 of Chinmayanagar Village, Rapthadu Mandal, Anantapur District, on 24.05.2008. That based on a purported report dated 25.06.2014 of respondent No.5, respondent No.4 has framed nine charges vide show-cause notice dated 17.07.2014 and called upon the petitioner to show cause as to why disciplinary action shall not be initiated against him and appear before him on 23.07.2014. That on the said date, the petitioner has appeared before respondent No.4 and submitted his explanation, denying all the charges. The grievance of the petitioner is that though no order has been passed on the show-cause notice dated 17.07.2014, respondents 4 and 5 have unjustly withheld allotment of essential commodities to him.
The learned Assistant Government Pleader for Civil Supplies (A.P.) submitted that he is unable to contact respondent No.4.
If the averments made in the affidavit are true, respondents 4 and 5 have committed a patent illegality in stopping allotment of essential commodities to the petitioner that too on the charges framed against him, which are absolutely vague and generic and which do not pertain to the commissions such as variation in stocks, diversion of essential commodities into black market etc. As the petitioner has asserted that no order has been passed by respondent No.4 on the show-cause notice issued by him, respondents 4 and 5 are directed to forthwith resume supply of stocks to the petitioner so long as his authorization continues to subsist.
Subject to the above direction, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.47611 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 10th December, 2014 IBL