HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.784 of 2021
ORDER:
This writ petition is filed 'to declare the action of the respondents in not allotting the essential commodities to the F.P. shop held by the petitioner in Shop No.0787049, Chinaravuru Thota, Tenali Town, Guntur District, without there being any reason without any suspension of authorization, without following any procedure, as illegal and arbitrary.' Case of the petitioner is that, on 25.11.2020, the authorities inspected the subject shop and found certain variations in the stock; a show cause notice was also issued alleging that there are certain variations in the stock; it is alleged in the show cause notice that the petitioner has violated Clauses 12(e) and 21(c) of A.P. State Targeted Public Distribution System (Control Order), 2018; she was asked to submit explanation within seven days and accordingly, she submitted her explanation on 05.12.2020, but no order has been passed either suspending or cancelling the authorization; however, the authorities are not allotting commodities to the shop of the petitioner. Hence, the writ petition.
Learned counsel for the petitioner relies upon the judgment of this Court in WP No.19401 of 2019 dated 05.12.2019, wherein in similar facts and circumstances, by relying upon the Full Bench judgment of the of this Court in 'Oleti Tirupathamma vs. District Supply Officer, Visakhapatnam1', directed the respondents to release the essential commodities to the petitioner therein for distribution till passing of the 1 2002(1) ALD 577 (FB) 2 order under Clause 8(4) of the Control Order 2018 or final order, whoever is earlier.
In the present case, admittedly, a show cause notice was issued to the petitioner on 27.11.2020 and she submitted her explanation on 05.12.2020, but no orders have been passed either suspending or cancelling the authorization of the petitioner. In the facts and circumstances of the case and relying upon the judgment in Oleti Thirupathamma's case (supra), the respondents are directed to release essential commodities to the petitioner for distribution till passing any order under Clause 8(4) of the Control Order, 2018 or final order, whichever is earlier.
The writ petition is, accordingly, disposed of. No order as to costs. Consequently, Miscellaneous petitions, if any pending, in this writ petition shall stand closed.
________________________ KONGARA VIJAYA LAKSHMI, J Date: 07.01.2021 BSS 3 HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.784 of 2021 17 Date: 07 .01.2021 BSS