THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.33893 of 2014 Dated: 19.11.2014 Between:
Sri Yamuna Self Help Group Shalantri Village, Sarubujjili Mandal, Srikakulam District, Rep. by its Organiser Kovilapu Chandramma .. Petitioner and The State of Andhra Pradesh, Rep. by its Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat Buildings, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. V. Sudhakar Reddy Counsel for the respondents: G.P. for Civil Supplies (A.P.) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondents 2 and 3 in discontinuing supply of essential commodities to the petitioner, while its temporary authorization is subsisting, as illegal and arbitrary.
As this Court prima facie found that the action of respondents 2 and 3 is not legal and proper, it has directed both the respondents to be personally present. Today, at the hearing, the incumbents of respondents 2 and 3 are personally present and they have admitted that stoppage of supplies, while the authorization of the petitioner is in subsistence, is not legal and proper. Respondent No.2 has assured that he will immediately take appropriate steps for restoring supplies to the petitioner, so long as its authorization remains in force.
In view of the above assurance given by respondent No.2, the writ petition is disposed of with a caution to both the respondents not to repeat such conduct in future. The petitioner is permitted to submit its explanation to the show-cause notice issued by respondent No.2, within two weeks from the date of receipt of this order. Thereafter, respondent No.2 shall hold a detailed enquiry, in which he shall give an opportunity of being heard to the representative of the petitioner with reference to the relevant registers and records. Respondent No.2 shall hold personal enquiry and make an objective approach, without being blindly guided by the reports of his subordinates or by extraneous considerations, and pass a detailed order.
As a sequel to the disposal of the writ petition, W.P.M.P.No.42403 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL