The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.35146 of 2014
Dated 19.11.2014
Between: Smt.V.Janaki Rani …Petitioner And The State. of A.P., Rep. by District Collector (CS), Kakinada and 3 others.
…Respondents Counsel for the petitioner: Mr.K.Gani Reddy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
The petitioner, who is the authorised dealer of fair price shop No.3 of Kakinada Urban, filed this Writ Petition feeling aggrieved by the action of respondent No.3 in not restoring her authorization despite disposal of the proceedings initiated by respondent No.2 against her under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), on 09-08-2014.
From the facts pleaded by the petitioner, it is evident that respondent No.3 has withheld the supply of stocks to the petitioner’s fair price shop on the ground that proceedings under Section 6-A of the Act, initiated against her, were pending.
The learned Counsel for the petitioner has averred that the said proceedings ended in confiscation of 50% of the stock vide Order, dated 09-08-2014, of respondent No.2, and that questioning the said order, his client has filed an appeal under Section 6-C of the Act, which is stated to be pending.
From the facts pleaded by the petitioner, it appears that the petitioner’s authorization has not been suspended so far. Respondent No.3 cannot stop supply of stocks of essential commodities to the petitioner’s fair price shop without taking a decision regarding the continuance or otherwise of the petitioner as the fair price shop dealer. Respondent No.3 is, therefore, directed to conclude the proceedings, if any initiated by him against the petitioner, within one month from the date of receipt of this order. It is, however, made clear that during the course of such enquiry, respondent No.3 shall give notice and an opportunity of being heard to the petitioner and then, pass a final order within the above stipulated time.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.43962 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 19th November, 2014
LUR