HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39992 of 2014 Date:27.12.2014 Between: K.Ramadevi, W/o Lakshmi Narayana . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
. Respondents Counsel for the Petitioner: Sri S.Rahul 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 the respondents, in not releasing the stocks of essential commodities to the petitioner pertaining to December, 2014 quota for distribution through her fair price shop, as illegal and arbitrary.
The petitioner is the permanent fair price shop dealer of Nayakula Gudem Village, Kothagudem Mandal, Khammam District. On 28.11.2014, the essential commodities allotted to her and being transported in a lorry from MLS point were seized when they were being unloaded at the premises owned by one Talla Durga instead of at the authorized premises of the petitioner. Questioning the said seizure, the petitioner has filed Writ Petition No.37388 of 2014. While declining to interfere with the seizure, this Court by order, dated 05.12.2014, has however, permitted the petitioner to file an application before respondent No.2 for release of the seized commodities, with a direction to respondent No.2 to consider the same and pass an appropriate order expeditiously.
In the present Writ Petition, the grievance of the petitioner is that the respondents have withheld the allotment of December, 2014 quota of essential commodities to her fair price shop.
At the hearing, learned Government Pleader for Civil Supplies (Telangana State) has submitted that on 15.12.2014, a notice was issued to the petitioner directing her to appear on 23.12.2014 to enquire into the incident that has taken place on 28.11.2014 and that no decision appeared to have taken by respondent No.2 or respondent No.4 so far.
A perusal of the said notice would show that the enquiry was held by respondent No.4 on the direction issued by respondent No.3 to hold an enquiry and submit a report.
In my opinion, unless an order suspending the petitioner's fair price shop authorization is passed, withholding of stocks on the mere allegations of some omissions and commissions is not permissible in law. So long as the authorization issued to a fair price shop dealer remains in subsistence, he/she cannot be deprived of his/her right to function as the fair price shop dealer. In this case, undisputedly the petitioner's fair price shop authorization is in force as on toady. Therefore, mere pendency of enquiry into the alleged incident cannot deprive the petitioner of her legitimate right to function as the fair price shop dealer. In this view of the matter, respondent Nos.4 and 5 are directed to forthwith release the essential commodities pertaining to December, 2014 quota to the petitioner’s fair price shop and permit her to function as the dealer so long as her authorization remains in force.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.50142 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
27th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY