The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.34987 of 2014
Dated 19.11.2014
Between:
Melam Vijaya Lakshmi …Petitioner And State of Andhra Pradesh Rep. by its Ex-Officio Secretary-cum- Commissinoer of Civil Supplies Consumer Affairs, Food & Civil Supplies Dept., Hyderabad and 3 others.
…Respondents Counsel for the petitioner: Mr.N.Siva 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 the respondents, in not allotting essential commodities to the petitioner for distribution through fair price shop No.78 of Ramanaiahpeta, Kakinada (U) Mandal, E.G.District, as illegal and arbitrary.
I have heard Mr.N.Siva Reddy, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies representing the respondents.
The petitioner is the authorised dealer of the aforesaid fair price shop, which is stated to have been inspected on 15-11-2014, and essential commodities were seized under a Panchanama on the alleged ground of variation of stocks. The petitioner pleaded that the proceedings under Sections 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), are in contemplation of respondent No.2. However, for the present, her grievance is that respondent Nos.3 and 4 have stopped allotment of Kerosene Oil to her fair price shop and that they have been trying to allot the same to another agency.
The learned Assistant Government Pleader for Civil Supplies (AP) representing the respondents submitted that the inspection has taken place on 15-11- 2014 and that, so far, no proceedings appear to have been initiated by respondent No.2 against the petitioner with regard to her authorization.
This Court has time and again held that the proceedings under Section 6-A of the Act are distinct from the proceedings that may be initiated by the licensing authority with regard to the authorization of the fair price shop dealers and that mere initiation of proceedings under Section 6-A of the Act cannot automatically lead to stoppage of supply of all essential commodities unless the licensing authority initiates separate action and passes appropriate order qua the authorization. Inasmuch as no such proceedings appear to have been initiated against the petitioner by respondent No.3 so far, respondent Nos.3 and 4 are directed to continue supply of essential commodities to the petitioner including Kerosene Oil so long as her authorization continues to subsist.
Subject to the above direction, the Writ Petition is allowed.
As a sequel, WPMP.No.43774 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th November, 2014
LUR