P Prasad Rao vs State Of Andhra Pradesh
2021 Latest Caselaw 181 AP

     HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

              WRIT PETITION No.1117 of 2021
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 Writ Petition is filed to declare the inaction of

respondent Nos.5 to 8, in supplying essential commodities to

the petitioner's fair price shop, as illegal and arbitrary.

Petitioner states that a false complaint was made

against him alleging irregularities and issued show cause

notice dated 11.11.2020, to which he submitted explanation;

and respondent No.4, not satisfied with the explanation

offered by him, imposed a penalty of Rs.4,000/- and directed

respondent No.5 to supply essential commodities through

proceedings dated 30.11.2020. The petitioner has paid

penalty and handedover challan to respondent No.5. Having

received the challan, respondent No.5 addressed a letter

dated 14.12.2020 to respondent No.3 requesting to supply

essential commodities, despite which, the essential

commodities are not being supplied to the petitioner and, as a

temporary arrangement, essential commodities are being

supplied to respondent No.8, even before the proceedings

dated 30.11.2020 were passed by respondent No.4. Hence

the Writ Petition.

Learned Government Pleader for Civil Supplies, on

written instructions, submits that, when the commodities

were being supplied to the petitioner's fair price shop,

cardholders staged a dharna in front of his fair price shop;

they also gave a complaint to respondent No.4 making

certain allegations against the petitioner, which was

forwarded to respondent No.5; respondent No.5 was directed

to enquire and submit report; and, based on the enquiry

report that would be submitted, the commodities would be

supplied.

Admittedly, the authorization of the petitioner was

neither suspended nor cancelled as on date and the order of

respondent No.4 dated 30.11.2020 holds good even as on

date. According to the said order, respondent No.4 directed to

supply essential commodities to the petitioner on receipt of

the penalty amount. According to the petitioner, he paid the

penalty amount.

Reliance is placed on the judgment of this Court in

W.P.No.3403 of 2020 dated 05.12.2019, wherein the

respondent - authorities were directed to release the essential

commodities to the petitioner by relying upon the judgment in

Oleti Tirupathamma v. District Supply Officer (City)

Visakhapatnam1.

2002(1) ALD 577

Following the law declared in Oleti Tirupathamma1,

the respondents are directed to supply essential commodities

to the petitioner by allowing him to distribute the same to the

card holders. However, this order shall not preclude the

respondents from proceeding with the enquiry and taking

appropriate action against the petitioner strictly, in

accordance with law.

With the above observation, the Writ Petition stands

disposed of. No order as to costs.

Miscellaneous petitions pending, if any, shall also

stand disposed of.

________________________________ KONGARA VIJAYA LAKSHMI, J Date:19.01.2021 usd