THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.31042 of 2014 Dated: 16.10.2014 Between:
Gunji Anka Rao .. Petitioner and The State of Andhra Pradesh, Rep. by its Prl. Secretary (Civil Supplies), Secretariat Buildings, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Ms. B. Prasanthi For Mr. I. Koti Reddy Counsel for the respondents: A.G.P. for Civil Supplies (A.P.) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to direct respondent No.2 to pass orders on application dated 15.09.2014 filed by the petitioner for appointment of a responsible officer to verify the seized stock of kerosene oil in fair price shop No.31 of V. Kopperapadu Village, Ballikurava Mandal of Prakasam District.
I have heard the learned counsel for the parties and perused the record.
The petitioner’s fair price shop authorization was suspended by order dated 03.09.2014 of respondent No.3. Feeling aggrieved by the same, the petitioner filed an appeal before respondent No.2. In the said appeal, the petitioner has filed the above-mentioned petition on 15.09.2014, with a request to respondent No.2 to appoint a responsible officer to re-verify the quantity of seized kerosene oil, as he is seriously disputing the quantity of kerosene oil stated to have been available in his premises in the proceedings of respondent No.3.
In my opinion, respondent No.2 is under obligation to pass appropriate order on the petitioner’s application, for, as rightly pleaded by the petitioner, if verification is not done, there is a possibility of the evidence being lost in the event the seized stock is removed and distributed.
In these circumstances, respondent No.2 is directed to consider the petition filed by the petitioner and pass appropriate order within one week from the date of receipt of this order. Till such order is passed, respondents 3 and 4 are directed not to remove the stock from the petitioner’s shop.
Subject to the above directions, the writ petition is disposed of. As a sequel to the disposal of the writ petition, W.P.M.P.No.38805 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 16th October, 2014 IBL