THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.35301 of 2014
Dated:25.11.2014
Between:
Smt M.Venkatasurya Lakshmi, W/o Ganapathi ….Petitioner And:
The State of A.P., reptd by its Principal Secretary, Food and Agriculture (CS) Department, Hyderabad and four others.
… Respondents Counsel for the petitioner: Sri M.M.M.Srinivas For Sri Kowturu Vinaya Kumar Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for setting aside proceedings in Roc.No.482/2014(CS), dated 11.11.2014, of respondent No.4, whereby she has entrusted distribution of essential commodities to the Primary Agricultural Co-Operative Society, Annavarappadu, on the ground that the petitioner has not been properly distributing the essential commodities to the card holders.
When this Writ Petition came up before this Court on 20.11.2014, as this Court prima facie found that respondent No.4 has exceeded her jurisdiction in entrusting the distribution of essential commodities to a third party during the subsistence of the petitioner’s fair price shop authorization, she was summoned for personally explaining as to under what power she has issued the impugned proceedings.
Today, at the hearing, respondent No.4 is personally present and she has conceded that she has no power to bypass the petitioner and entrust distribution of essential commodities to a third party. She has undertaken that in future she will not repeat such mistake.
In the light of the above, the impugned proceeding is set aside as wholly without jurisdiction. The respondents are directed to resume supplies to the petitioner for distribution so long as her fair price shop authorization subsists.
The Writ Petition is, accordingly, allowed.
As a sequel, WPMP.No.44156 of 2014 is disposed of as infructuous.
JUSTICE C.V. NAGARJUNA REDDY 25th November, 2014 DR