THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31118 of 2014 Between:
Dated 17th October, 2014 Kondaveeti Lakshmaiah And …Petitioner State of Andhra Pradesh, rep.by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri I.Koti Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent Nos.2 and 3 in not releasing the essential commodities to the petitioner for distribution through fair price shop No.13 of Vipparla Village, Krosur Mandal, Guntur District as illegal and arbitrary.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP), on instructions, submitted that as there was delay in submission of Demand Draft by the petitioner, stocks could not be released.
In my opinion, respondent Nos.2 and 3 appeared to be taking shelter under the alleged delay in submission of Demand Draft by the petitioner. The petitioner being fair price shop dealer functioning from the year 2011, I have no reason to believe that he would have committed delay in submission of the Demand Drafts.
Respondent Nos.2 and 3 are directed to forthwith release essential commodities to the petitioner on receipt of the value thereof, failing which, this Court will take serious view of their conduct.
The writ petition is accordingly allowed.
As a sequel to disposal of the writ petition, W.P.M.P.No.38892 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 17th October, 2014
VGB