HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38176 of 2014 Date:11.12.2014 Between:
Gedela Eswaramma, W/o Ramana Rao . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies and Consumer Affairs Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri P.Rajkumar 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 the respondents in seizing the records, such as the Stock Register, the Sales Register as well as the original authorization letter pertaining to the petitioner’s fair price shop situated at Satram Village, Saravakota Mandal, Srikakulam District, following the inspection conducted by the Vigilance officials on 15.11.2014, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to return the seized records to enable her to run the fair price shop.
The petitioner is the fair price shop dealer of Satram Village. Following the inspection by the Vigilance officials on 15.11.2014, the essential commodities available in the petitioner’s fair price shop were seized on the ground that there was variation of 1.92 quintals of rice, 17 kgs 500 gms of sugar and 40 litres of kerosene. The petitioner alleged that along with the stocks, the inspecting officials have also seized the Stock and Sales Registers and that she has approached respondent No.2-the Joint Collector, Srikakulam with a request to return the seized registers to enable her to continue distribution of the essential commodities to the card holders.
As no show cause notice appears to have been issued by respondent No.2 to the petitioner so far, this Court does not propose to express conclusive opinion on the legality or otherwise of the action initiated by the respondents. However, withholding of the Sales and Stock Registers indefinitely would curtail the right of the petitioner to distribute the essential commodities to the card holders. The petitioner cannot be prevented from functioning as the fair price shop dealer so long as her authorisation continues to subsist. The petitioner averred that her authorization is subsisting as of now. Therefore, respondent No.2 is directed to return all the Registers seized from the possession of the petitioner forthwith and respondent Nos.3 and 4 are directed to release the stocks to the petitioner’s fair price shop, for distribution to the card holders, so long as her authorization remains in force. Liberty is reserved with the petitioner to avail appropriate remedy in the event, respondent No.2 decides to initiate proceedings against her under Section 6-A of the Act.
Subject to the above observation and directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.47774 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
11th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY