THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.35486 of 2014 Between:
Dated 25th November, 2014 Dasari Venkata Appa Rao And …Petitioner The State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri K.Joseph 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.3 in not supplying essential commodities to the petitioner’s fair price shop bearing No.19 of Rajupalem Village, Pedanandipadu Mandal, Guntur District as illegal and arbitrary.
The petitioner averred that based on seizure of rice from TATA Ace Auto on 17.09.2014 by the Vigilance Officials, proceedings under Section 6-A of the Essential Commodities Act, 1955 have been initiated and that allotment of essential commodities to his shop has been stopped since then. He is stated to have made a representation to respondent No.3 on 20.10.2014 to resume allotment. As no action has been taken thereon, he has filed this writ petition.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP) appearing for the respondents, on instructions, submitted that as an FIR is registered against the petitioner based on a confessional statement made by the auto driver and since then the petitioner is at large, and as he has not produced demand drafts, respondent No.3 has not issued stock release order. He has, however, submitted that if the petitioner produces the demand drafts before respondent No.3, the latter will release the stock in future.
In the light of the above submissions of the learned Assistant Government Pleader, the writ petition is disposed of by permitting the petitioner to produce demand drafts before respondent No.3. On such production, respondent No.3 shall issue stock release order so long as the petitioner’s authorisation remains in force.
As a sequel to disposal of the writ petition, W.P.M.P.No.44393 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 25th November, 2014
VGB