Gade Yerran Naidu vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1184 AP

  HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

            WRIT PETITION No.12737 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.3 to 7, 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.0110015, Modugulapeta Village, Santhakaviti

Mandal, Srikakulam District; on 14.07.2020, respondent

No.5, along with other officials, inspected the subject

shop and found variations in stock and, even though the

variations are within the permissible limits, the entire

stock was seized; and respondent No.5 submitted a

report recommending disciplinary action. Petitioner's

grievance is that, even though his authorization has

neither been cancelled nor suspended, 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 his 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

31.07.2020, this Court passed an interim order to

continue to supply essential commodities unless his

authorization is suspended or cancelled by following due

procedure.

Learned Government Pleader for Civil Supplies

submits that the authorization of the petitioner has not

been suspended or cancelled as on date.

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. It is made

clear that this order shall not prevent the respondents

from taking appropriate action in accordance with law, if

need be.

2002(1) ALD 577

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: 26.02.2021 usd