THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37459 of 2014 Dated: 15.12.2014 Between:
Srinivasa Rice Mill, Divili Village, Peddapuram Mandal, East Godavari District, Rep. by its Managing Partner, K.Venkata Ramana Murthy. .. Petitioner And The State of Andhra Pradesh, Civil Supplies Department, Secretariat Buildings, Secretariat, Hyderabad, Rep. by its Principal Secretary and others. .. Respondents Counsel for the Petitioner: Mr. V.V.N.Narayana Rao Counsel for the Respondents: GP for Civil Supplies (AP) This Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Manadamus declaring the action of the 2nd respondent in refusing to return the B-Register in favour of the petitioner through Show Cause Notice in Ref.V3/CS/618/2014 dated 26.11.2014 as illegal, arbitrary and in violation of Article 19 (i) (g) of the Constitution of India and pass such other order or orders as this Hon’ble Court deemed fit and proper in the circumstances of the case.”
As this Court found that the action of respondent No.2 in not returning the Form-B Register to the petitioner is in violation of order dated 14.11.2014 in W.P.No.34470 of 2014, it has passed order on 05.12.2014, directing respondent No.2 to be personally present on the next date of hearing and show cause why contempt proceedings shall not be initiated against him.
In pursuance of the said order, respondent No.2 is personally present and he has submitted that notice, dated 26.11.2014, stated to have been issued under Section 6-B of the Essential Commodities Act, 1955 by him was, in fact, not issued by him and that the same was issued in his name by the District Supply Officer, without his knowledge. He has further stated that disciplinary action has been initiated against the District Supply Officer and that on receipt of the notice from this Court, he has summoned the Form-B Register from the Station House Officer, Peddapuram, and issued proceedings, dated 10.12.2014, returning Form-B Register to the petitioner. Respondent No.2 has tendered apology to the Court for the mistake occurred without his knowledge.
Mr. V.V.N.Narayana Rao, learned counsel for the petitioner, has submitted that his client has received Form-B Register from respondent No.2.
In the light of the remedial steps taken by respondent No.2 and the explanation offered by him, the Writ Petition is closed.
As a sequel, WPMP.No.46882 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
C.V.NAGARJUNA REDDY,J 15.12.2014 v v