HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.41051 of 2014 Date:31.12.2014 Between: N.Sunitha, W/o M.Y.Narasimhulu . Petitioner And:
The State of A.P., reptd by its Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Addula Triveni 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 No.4, in not allotting the essential commodities to the petitioner’s fair price shop for distribution, only on the ground of pendency of the proceedings under Section 6-A of the Essential Commodities Act, 1955 (forshort ‘the Act’) against the petitioner, as illegal and arbitrary.
At the hearing, learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) submitted that due to the pendency of the proceedings under Section 6-A of the Act, the essential commodities are not being allotted to the petitioner for distribution.
In my opinion, mere pendency of the proceedings under Section 6-A of the Act would not disentitle the petitioner to function as the fair price shop dealer so long as her authorization continues to subsist. Therefore, respondent No.4 is directed to allot the essential commodities to the petitioner’s fair price shop for distribution from the month of January, 2015 onwards so long as her authorization remains in force.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.51406 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
31st December 2014 DR JUSTICE C.V.NAGARJUNA REDDY