THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.39836 of 2014 Dated: 26.12.2014 Between:
K.Mahaboob Basha .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. K.Narsi Reddy Counsel for the respondents : AGP for Civil Supplies (AP) The court made the following:
ORDER:
This Writ Petition is filed with the grievance that having released the stocks of essential commodities for the month of October, 2014, to the petitioner’s fair price shop and having allowed the petitioner to distribute the same to the card holders for one day, respondent No.5 has taken back those stocks without any reason and has not been releasing the stocks of essential commodities from the month of November, 2014.
The petitioner averred that he has paid the requisite fee for renewal of his authorisation vide Challan, dated 29.10.2014, and that his application for renewal is pending with respondent No.5. He has further averred that no proceedings have been initiated either for suspension or cancellation of his authorisation.
The learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents pointed out that the petitioner has applied for renewal belatedly i.e., about seven months after the expiry of his authorisation.
In my opinion, the petitioner being a permanent fair price shop dealer and renewal of his authorization being a formality, the respondents cannot abruptly stop the supply of the stocks of essential commodities to his fair price shop when his application for renewal is pending before respondent No.5.
In this view of the matter, respondent No.5 is directed to consider the petitioner’s application for renewal of authorization, take a decision thereon and communicate the same to the petitioner. Pending consideration of the petitioner’s application for renewal, respondent Nos.4 and 5 are directed to continue him as the fair price shop dealer and permit him to distribute the essential commodities.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.49958 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 26.12.2014 v v