Thatiparthi Subbamma, vs The State Of Ap
2021 Latest Caselaw 1267 AP

     HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                 WRIT PETITION No.21747 of 2020
ORDER :

The writ petition is filed questioning the action of the

respondents in not supplying the essential commodities to the

petitioner's fair price shop bearing No.0930018 at Kandalapadu

Village, Venkatachalam Mandal, SPSR Nellore District without

following due process of law.

2. The case of the petitioner is that her husband was

appointed as Fair Shop dealer in the year 1995 and the same was

renewed from time to time upto 2011 and the subject shop was

inspected with the officials of the respondents on 04.02.2020 and

found variations in stock and prepared panchanama in the

presence of panchayatdars and seized the stock and the

petitioner was not permitted to distribute the commodities to the

card holders even though no order has been passed either

suspending or cancelling the authorization of the petitioner.

Hence, the writ petition.

3. 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.

Learned Government Pleader appearing for the respondents

submits that the authorization of the petitioner is neither

suspended nor cancelled.

Following the law declared in Oleti Tirupathamma (supra),

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.

Accordingly, the Writ Petition is disposed of. No order as to

costs.

As a sequel, all the pending miscellaneous applications

shall stand closed.

KONGARA VIJAYA LAKSHMI, J.

Date : 02-03-2021 Note : C.C. one week (b/o) Gvl

2002 (1) ALD 577

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.21747 of 2020

Date : 02.03.2021

Gvl