Smt. Makkapati Seetharavamma vs The State Of Andhra Pradesh
2021 Latest Caselaw 274 AP

       HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                WRIT PETITION No.1484 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 declaring the inaction of the

respondents, in allowing the petitioner to run the fair price

shop, as illegal and arbitrary.

Petitioner claims to have been appointed as dealer of

fair price shop No.0738018, Ganapavaram Village, on

17.11.2005. On 04.01.2021, having distributed essential

commodities to the cardholders from 6.00 a.m. to 9.30 a.m,

she, along with her husband, went to Helpline Center of

EAMCET, Convenor to enquire about her son's admission in

EAMCET; and, though she was informed that the subject fair

price shop would be inspected, she did not come back and

open the fair price shop and told that she was out of station

and pleaded to put their own lock till she comes back but the

Vigilance and Enforcement authorities and other Civil

Supplies authorities came to the subject fair price shop at

about 9.00 p.m, broke open the lock and found certain

variations. While the variations with regard to rice and sugar

are within permissible limits but, in so far as chanawhole is

concerned, there is shortage of 402.5 Kgs. The explanation

offered by the petitioner regarding shortage of

Chanawhole/Bengal Gram is that Chanawhole/Bengal Gram

was kept on the terrace of his house as it got infected with

pests and the photographs were taken and sent to the officers

to show that the entire stock is available. The grievance of the

petitioner is that, without suspending or cancelling the

licence, the respondents are not supplying essential

commodities. Hence the Writ Petition.

Learned counsel for the petitioner placed reliance on the

judgment of Full-Bench of this Court in Oleti Tirupathamma

v. District Supply Officer (City) Visakhapatnam1 and seeks

a direction to respondent- authorities to supply essential

commodities to the fair price shop of the petitioner.

Though no order under Clause 8(4) of the Andhra

Pradesh State Targeted Public Distribution System (Control)

Order, 2018, was passed, the respondents are not supplying

essential commodities to the petitioner's fair price shop for

distribution to the cardholders.

In Oleti Tirupathamma1, it was observed as under:

"such action disabling fair price shop dealer to run the shop without any order of suspension or cancellation is illegal and arbitrary and issued such directions".

As seen from the panchanama, inspection was done on

04.01.2021 at about 7.50 p.m. and there is variation with

2002(1) ALD 577

regard to Chanawhole/Bengal Gram. According to the

petitioner, her licence was neither suspended nor cancelled.

In view of the fact that the petitioner's licence was

neither suspended nor cancelled as on date, the respondents

are directed to supply essential commodities to the petitioner

by allowing her to distribute the same to the card holders. It

is made clear that this order shall not preclude the

respondents to take appropriate action in accordance with

law.

With the above observation, the Writ Petition is disposed

of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous applications, if

any, pending in this Writ Petition shall stand closed.

_________________________________ KONGARA VIJAYA LAKSHMI, J Date:21.01.2021 Usd