The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.33565 of 2014 Dated 10.11.2014 Between:
Golivi Kondala Rao …Petitioner And State of Andhra Pradesh, Rep. by its Prl. Secretary, Hyderabad and 3 others …Respondents Counsel for the petitioner: Mr.P.Lakshma Reddy 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 Nos.3 and 4 in not supplying the stocks of essential commodities to fair price shop No.28, Ambativanipeta, Ramachandrapuram, Gara Mandal, Srikakulam, in respect of which the petitioner holds authorization, as illegal and arbitrary.
The petitioner averred that on 27-07-2014, an inspection of the aforesaid fair price shop was made by the Deputy Tahsildar along with other officers; that based on minor variations within the permissible limits, the stocks were seized under Panchanama; and that, however, no action, based on the said seizure, has been intimated to him thereafter. The grievance of the petitioner is that respondent No.4 has withheld the allotment of stocks of esssential commodities to his fair price shop.
The learned Assistant Government Pleader for Civil Supplies (AP), representing the respondents, has stated that he is not able to get instructions from the respondents as to the reason for withholding allotment of stocks of essential commodities to the petitioner’s fair price shop.
Having regard to the averments made by the petitioner, this Court is of the opinion that unless the inspection of the petitioner’s fair price shop has led to passing of any order in respect of his authorization, respondent Nos.3 and 4 are not justified in withholding allotment of stocks to the petitioner’s fair price shop.
In this view of the matter, this Writ Petition is disposed of with the direction to respondent Nos.3 and 4 to continue the petitioner as the fair price shop dealer and allot essential commodities for distribution so long as his authorization remains in force.
As a sequel, WPMP.No978 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th November, 2014
LUR