THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.29587 of 2014 Dated: 09.10.2014 Between:
Rudra Ganga Bhavani .. Petitioner and The State of Andhra Pradesh, Rep. by its Secretary, Consumer Affairs & Civil Supplies Dept., Secretariat Buildings, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. K. Srinivas Counsel for the respondents: AGP for Civil Supplies (A.P.)
ORDER:
This writ petition is filed for a Mandamus to set aside proceedings in Ref.B/5306/2014 dated 16.09.2014 of respondent No.2, whereby he has suspended the petitioner’s fair price shop authorization.
A perusal of the record shows that based on the inspection of the fair price shop of the petitioner by the Vigilance and Enforcement staff of Kadapa, respondent No.3 submitted a report to the Joint Collector, who, in turn, initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). The stocks were also seized following the said inspection. Therefore, respondent No.2 has passed the impugned order, suspending the petitioner’s authorization pending enquiry.
At the hearing, Mr. K. Srinivas, learned counsel for the petitioner, submitted that while the variation in rice is within the permissible limits, there is marginal variation in respect of Kerosene oil which was found in excess and that, therefore, the suspension of the petitioner’s authorization is unwarranted.
In my opinion, since the proceedings under Section 6-A of the Act have been initiated and an enquiry into the disciplinary action against the petitioner is pending before respondent No.2, it is not appropriate for this Court to render any finding on merits at this stage. Since certain variations in the stocks were found, it cannot be said that there was no basis for suspension of the petitioner’s authorization pending enquiry. In this view of the matter, I do not find any reason to interfere with the order of suspension. However, respondent No.2 is directed to complete the enquiry and pass a final order within two months from the date of receipt of this order.
Subject to the above direction, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.36962 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 9th October, 2014 IBL