Andhra Pradesh High Court - Amravati
S Chathura vs The State Of Ap on 22 March, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.7583 of 2020
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India to issue Writ of Mandamus declaring the
action of the Respondent Nos. 2 and 3 herein in not supplying the
Essential Commodities to the petitioner's Fair Price Shop
No.1062045 of Dasarlapalli Village, V. Kota Mandal, Chittoor
District, as illegal and violative of principles of natural justice and
consequently direct respondent Nos. 2 & 3 to supply the essential
commodities to the petitioner's Fair Price Shop.
2. It is the case of the petitioner that the petitioner was
appointed as dealer for Fair Price Shop No.1062045 of Dasarlapalli
Village, V. Kota Mandal, Chittoor, for distribution of essential
commodities to the card holders. It is contended that, when no
suspension or cancellation order was passed till date, the
authorities are not allotting the essential commodities to the fair
price shop of the petitioner, to distribute the same to the card
holders allotted to the shop. In the absence of any cancellation or
suspension order passed, exercising power under Clause 8(4) of the
Andhra Pradesh Targeted Public Distribution System (Control)
Order, 2018 (for short 'the Control Order'), the petitioner is deemed
to be continuing as fair price shop dealer and is entitled to
distribute essential commodities to the card holders. But, the
respondents are not issuing the essential commodities to the
petitioner and are not allowing her to run the fair price shop, as
such, the action of the respondents is illegal and arbitrary.
3. Sri C. Prakash, learned counsel for the petitioner while
reiterating the contentions placed reliance on the decision of Full
Bench reported in Oleti Tirupathamma v. District Supply Officer
(City) Visakhapatnam and others1 in support of his contention.
On the strength of the principle laid down in the above judgment,
learned counsel for petitioner requested to direct the respondents
to allow the petitioner to run her fair price shop and to supply
essential commodities to the cardholders.
4. Whereas, learned Assistant Government Pleader for Civil
Supplies supported the action of the respondents in all aspects, no
order terminating the dealership or suspending on cancelling the
authorization is placed on record to deny supply of essential
commodities.
5. Earlier, a similar question came up before the Full Bench of
High Court of Andhra Pradesh in Oleti Tirupathamma's case
(referred supra) wherein the Court held as follows -
"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".
6. Following the same judgment, learned Single Judge of this
Court disposed of Writ Petition No.10396 of 2019 in favour of the
petitioner therein. In view of the law declared by Full Bench of High
Court of Andhra Pradesh, I find that the action of the respondents
2002 (1) ALD 577
is illegal and arbitrary. Therefore, the respondents are directed to
continue the petitioner to hold the fair price shop No.1062045 of
Dasarlpalli Village, V.Kota Mandal, Chittoor District and to allot
essential commodities to the petitioner by allowing her to distribute
the same to the card holders, allotted to her fair price shop, till her
dealership is terminated or till passing an order under Clause
8(4) of the Control Order, 2018.
7. With the above direction, the writ petition is disposed of. No
costs. Consequently, miscellaneous applications pending, if any,
shall stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 22-03-2021
IS
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.7583 of 2020
Date: 22-03-2021
IS
