THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40005 of 2014 Between:
P.Nagoor Bee and
DATE: 30.12.2014
…Petitioner The State of Andhra Pradesh and others …Respondents COUNSEL FOR THE PETITIONER : SRI SURESH KUMAR REDDY KALAVA COUNSEL FOR THE RESPONDENTS : AGP FOR CIVIL SUPPLIES (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40005 of 2014
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in not releasing essential commodities to the petitioner’s fair price shop No.28 of Damalacheruvu Village, Pakala Mandal, Chittoor District, as illegal and arbitrary.
Upon looking into the material filed by the petitioner which prima facie revealed that the action of respondent No.4 in sending report under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) for the minute variation in respect of the only essential commodity, namely, sugar, this Court has issued a notice to respondent No.4 to show cause why disciplinary action shall not be directed to be initiated against him besides imposing heavy personal costs for abusing his office. In response to the said notice, respondent No.4 is personally present and while admitting his mistake in sending the report under Section 6-A of the Act, he has undertaken to send a fresh report requesting to drop further proceedings as the alleged variation is well within the permissible limit under Clause 24 of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. He has also stated that the petitioner will be allowed to continue as fair price shop dealer ignoring the inspection and the report submitted under Section 6-A of the Act.
The petitioner is accordingly permitted to approach respondent No.4 for receiving the release order. On the petitioner’s approaching respondent No.4, he shall issue release order after receiving Demand Draft from the petitioner.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of main petition, WPMP.No.50171 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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