HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38171 of 2014 Date:11.12.2014 Between:
Jadi Vaishali, W/o J.Prasad and another.
. Petitioners And:
The State of Telangana., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioners: Sri P.Lakshma Reddy Counsel for the Respondents: GP for Civil Supplies (TS) 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 releasing the stocks of essential commodities to Fair Price Shop No.18 of Edavelli Village, Khairagaon Gram Panchayat of Rebbena Mandal, Adilabad District, in respect of which petitioner No.1 holds permanent authorization and petitioner No.2 is permitted to distribute the commodities on behalf of petitioner No.1 as a temporary measure in view of ill-health of the former, as illegal and arbitrary.
The petitioners averred that on 17.08.2014, an inspection of the aforesaid fair price shop was made by the Deputy Tahsildar (Civil Supplies), Asifabad along with other officials. Based on the alleged variation of 54 litres of kerosene, the stocks were seized under panchanama and that, however, no action, based on the said seizure, has been intimated to the petitioners thereafter.
Learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh), 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 petitioner No.1’s fair price shop.
Having regard to the averments made by the petitioners, this Court is of the opinion that unless the inspection of petitioner No.1’s fair price shop has led to passing of any order in respect of her authorization, respondent Nos.3 and 4 are not justified in withholding allotment of stocks to her 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 to the card holders so long as her authorization subsists.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.47758 of 2014 filed by the petitioners for interim relief stands disposed of as infructuous.
11th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY