Sk Faizu vs State Of Ap
2021 Latest Caselaw 61 AP

                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

2002(1) ALD 577 (FB)

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

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.784 of 2021

Date: 07 .01.2021

BSS