Citation : 2021 Latest Caselaw 1862 AP
Judgement Date : 20 April, 2021
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.20073 of 2020
ORDER:
Heard the learned Counsel for the petitioner and the
learned Government Pleader for Civil Supplies. At their
request, the Writ Petition is being disposed of at the
admission stage.
The inaction of respondent Nos.2 & 3, in supplying
essential commodities to the fair price shop held by the
petitioner, is questioned in the Writ Petition as being
illegal and arbitrary.
Petitioner was appointed as dealer of F.P.Shop
No.1256003, Kodipalli Village, Lepakshi Mandal,
Ananthapuram District. Her grievance is that, without
making any allegation and without issuing any show
cause notice, respondents are not releasing the essential
commodities. Hence the Writ Petition.
Learned Counsel for the petitioner submits that the
respondents cannot deny supply of essential commodities
to the petitioner when her authorization subsists and
relies on the judgment of this Court in W.P.No.19401 of
2019 dated 05.12.2019, wherein the respondent -
authorities were directed to release the essential
commodities to the petitioner relying upon the judgment
in Oleti Tirupathamma v. District Supply Officer
(City) Visakhapatnam1.
When the matter came up 'for admission' on
03.11.2020, this Court passed an interim order to allow
the petitioner to run F.P.Shop No.1256003, Kodipalli
Village, Lepakshi Mandal, Ananthapuram District, for
supplying essential commodities until further orders.
Following the law declared in Oleti
Tirupathamma1, if the authorization of the petitioner
subsists as on date, the respondents are directed to
supply essential commodities to the petitioner.
The Writ Petition is, accordingly, disposed of. No
order as to costs.
Miscellaneous petitions pending, if any, shall also
stand disposed of.
________________________________ KONGARA VIJAYA LAKSHMI, J Date: 20.03.2021 usd
2002(1) ALD 577
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