HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29932 of 2014 Date:08.10.2014 Between:
Thatikayala Venkataiah, S/o Komaraiah . Petitioner And:
The Govt of Telangana, reptd by its Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri P.Prabhakar Reddy Counsel for the Respondents: GP for Civil Supplies of Government of Telangana The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in not releasing stocks to the petitioner’s fair price shop bearing No.11 of Sagaram Village, Zaffargadh Mandal, Warangal District, as illegal and arbitrary.
A perusal of the record shows that the petitioner’s fair price shop was inspected by the Civil Supplies Officials on 19.09.2014 at 9.30 am and the stocks were seized under a panchanama. In the panchanama, it is alleged that the petitioner has admitted that in his absence his son has sold 5.50 quintals of rice meant for public distribution to one Gunda Suresh.
Learned Government Pleader for Civil Supplies of Government of Telangana submitted that in the face of the said admission of the petitioner, the respondents have stopped the supplies to the petitioner’s fair price shop for distribution.
In my opinion, so long as the petitioner’s authorisation remains in tact, he cannot be prevented from running the fair price shop merely because certain allegations were made in the panchanama prepared following an inspection.
In this view of the matter, the Writ Petition is disposed of with the direction to the respondents to allow the petitioner to continue as fair price shop dealer till such time as his authorisation is not suspended or cancelled. This order, however, does not preclude the respondents from initiating appropriate action against the petitioner for the alleged irregularities committed by him.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.37398 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
08th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY