HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33204 of 2014 Date:06.11.2014 Between:
K.Sanjeeva Reddy, S/o Sri Hanumantha Reddy And The State of A.P., , reptd., by its Principal Secretary, Civil Supplies Department, Hyderabad and two others.
Counsel for the petitioner: Sri P.R.Balarami Reddy Counsel for the respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
.. Petitioner .. Respondents ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3 in not allotting the essential commodities to the petitioner’s fair price shop for distribution to the card holders as illegal and arbitrary.
The petitioner pleaded that he was appointed as temporary fair price shop dealer on 26.09.2012 in respect of Indlavenkatampalli Village, Kothacheruvu Mandal, Anantapur District and that the appointment is valid till the vacancy is permanently filled up. The grievance of the petitioner is that at the instance of local leaders belonging to the party in power, respondent No.3 has orally informed that he is not going to release the stocks from September 2014 onwards and he has refused to take the Demand drafts sought to be submitted by the petitioner.
At the hearing, learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh), on instructions, submitted that as the petitioner failed to submit the Demand drafts, respondent No.3 allotted the essential commodities to another person for distribution and that respondent No.3 will receive the Demand drafts presented by the petitioner in time from the month of November, 2014.
Ordinarily, a fair price shop dealer is presumed to know his duty to furnish the Demand drafts for allotment of the essential commodities. Therefore, it is not possible to believe the above submission of the learned Assistant Government Pleader. However, this Court refrains from examining this aspect further in view of the assurance given by the learned Assistant Government Pleader that respondent No.3 will receive the Demand drafts submitted by the petitioner and allot the essential commodities from the month of November, 2014. Based on this assurance, the Writ Petition is closed with the direction to respondent No.3 not to refuse the Demand drafts submitted by the petitioner and allot the essential commodities to the petitioner’s fair price shop from the month of November, 2014, failing which, the Court may take a serious view of his conduct.
As a sequel, WPMP.No.41527 of 2014, filed by the petitioner for interim relief, is disposed as infructuous.
(C.V.NAGARJUNA REDDY, J)
06th November 2014
dr