Andhra Pradesh High Court - Amravati
Daggula Gangayamma vs The State Of Ap on 12 January, 2024
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.865 OF 2024
ORDER:
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1. This Writ Petition is filed under Article 226 of the Constitution
of India to issue Writ of Mandamus declaring the action of the
Respondent in not releasing the stock to the petitioner's Fair Price
Shop No.0716007, Kontanemalapuri Village, Rajupalem Mandal,
Palnadu District, as illegal, arbitrary and violative of provisions of
Andhra Pradesh State Targeted Public Distribution System Control
Order 2018 and consequently direct the respondents to release the
stocks to the petitioner's Fair Price Shop.
2. It is the case of the petitioner that he was appointed as
permanent Fair Price Shop No.0716007, Kontanemalapuri Village,
Rajupalem Mandal, Palnadu District, for distribution of essential
commodities to the card holders.
3. It is submitted that, without issuing any notice or initiating
proceedings under Section 6-A of the Essential Commodities Act,
1955 or calling for explanation, essential commodities were stopped
in respect of the petitioner's fair price shop for distributing the same
to the cardholders. Though no enquiry under Section 6-A of the
E.C.Act, is pending and no suspension or cancellation order was
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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.
4. In the absence of any cancellation or suspension order
passed, exercising the 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 (temporary) 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 him to run the fair price shop, as
such, the action of the respondents is illegal and arbitrary.
5. 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 his fair price shop and to supply essential
commodities to the cardholders.
2002 (1) ALD 577
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6. Whereas, learned Assistant Government Pleader for Civil
Supplies supported the action of the respondents in all aspects.
7. No doubt, no inspection was conducted by the officials, no
variation is found in the stock, so also, no proceedings under
Section 6-A of the E.C Act are initiated by the respondents..
8. When no enquiry/proceedings are initiated under Section 6-A
of E.C. Act and no order under Clause 8 (4) of the Control Order,
was passed, still the respondents are not allotting the essential
commodities to the petitioner's fair price shop for distribution of the
same to the cardholders.
9. Earlier, a similar question came up before the Full Bench of
High Court of Andhra Pradesh in Oleti Tirupathamma V.District
Supply Officer (City) Visakhapatnam and others (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".
10. Following the same judgment, learned Single Judge of this
Court disposed of Writ Petition No.10396 of 2019 in favour of the
petitioner therein.
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11. In view of the law declared by Full Bench of High Court of
Andhra Pradesh, I find that the action of the respondents is illegal
and arbitrary. Therefore, the respondents are directed to continue
the petitioner to hold the Fair Price Shop No.0716007,
Kontanemalapuri Village, Rajupalem Mandal, Palnadu District and
to allot essential commodities to the petitioner by allowing him to
distribute the same to the card holders, allotted to his fair price
shop, till termination of dealership or till passing order under
Clause 8(4) of the Control Order, 2018.
12. With the above direction, the writ petition is disposed of. No
costs.
13. Consequently, miscellaneous applications pending, if any,
shall stand closed.
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JUSTICE VENKATESWARLU NIMMAGADDA
Date :12.01.2024
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