THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40704 of 2014 Between:
M.Dali Naidu and
DATE: 30.12.2014
…Petitioner The State of Andhra Pradesh and others …Respondents COUNSEL FOR THE PETITIONER : SRI TARLADA RAJASEKHAR RAO COUNSEL FOR THE RESPONDENTS : AGP FOR CIVIL SUPPLIES (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40704 of 2014
ORDER:
This Writ Petition is filed for a mandamus to set aside letter vide Rc.No.05/2014/A, dated 13.11.2014 addressed by respondent No.3 whereby he has submitted a report to respondent No.5.
Petitioner is the fair price shop dealer of Sancham-I Village, Ranastalam Mandal, Srikakulam District. On 13.11.2014, the officials of Vigilance and Enforcement Department, Srikakulam along with Mandal Revenue Inspector inspected his fair price shop and seized essential commodities on the ground that they have found certain variations in the essential commodities such as rice, sugar and kerosene oil. Following the said seizure, respondents 3 and 4 appeared to have stopped allotment of essential commodities to the petitioner.
As regards the impugned letter, I am not inclined to interfere with the initiation of proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). However, with regard to the grievance of the petitioner that respondents 3 and 4 have stopped allotment of essential commodities, I am of the opinion that mere initiation of proceedings under Section 6-A of the Essential Commodities Act, 1955 would not operate as automatic suspension of the petitioner’s fair price shop authorization. So long as his fair price shop authorization remains in force, respondents 3 and 4 cannot stop allotment of essential commodities to the petitioner.
In that view of the matter, respondents 3 and 4 are directed to allot essential commodities to the petitioner so long as his fair price shop authorization remains in force.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of main petition, WPMP.No.51005 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 30th DECEMBER, 2014.
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