The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.37641 of 2014 Dated 06.12.2014 Between:
Palla Ganga Jyothirmayi And The State of Andhra Pradesh, rep. by its Prl.Secretary, Civil Supplies Department, Hyderabad and 3 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.I.Gopala 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 respondent Nos.3 and 4 in not supplying the stocks of essential commodities to fair price shop No.9 of Mogilicherla Village, Lingasamudram Mandal, Prakasam District, in respect of which the petitioner holds authorization, as illegal and arbitrary.
The petitioner averred that on 10-09-2014, an inspection of the aforesaid fair price shop was made by the Deputy Tahsildar, Lingasamudram, in her absence; that based on minor variations within the permissible limits, the stocks were seized under Panchanama; that a case under Section 6-A of the Essential Commodities Act, 1955, has been filed against the petitioner; and that, however, no action, based on the said seizure, has been intimated to her thereafter. The grievance of the petitioner is that respondent No.4 has withheld the allotment of stocks of essential commodities to her fair price shop.
The learned Assistant Government Pleader for Civil Supplies (AP), representing the respondents, has stated that he is not able to get instructions from the respondents as to the reason for withholding allotment of stocks of essential commodities to the petitioner’s fair price shop.
Having regard to the averments made by the petitioner, this Court is of the opinion that unless the inspection of the petitioner’s fair price shop has led to passing of any order in respect of her authorization, respondent Nos.3 and 4 are not justified in withholding allotment of stocks to the petitioner’s fair price shop.
In this view of the matter, this Writ Petition is disposed of with the direction to respondent Nos.3 and 4 to continue the petitioner as the fair price shop dealer and allot essential commodities for distribution so long as her authorization remains in force.
As a sequel, WPMP.No.47095 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 6th December, 2014
LUR