WP/41051/2014 of N.Sunitha, Vs The State of Andhra Pradesh, on 31 December 2014

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION No.41051 of 2014Date:31.12.2014

Between:

N.Sunitha,W/o M.Y.Narasimhulu

..... Petitioner

And:

The State of A.P.,reptd by its Secretary,Civil Supplies Department,Hyderabad and three others.

.....Respondents

Counsel for the Petitioner: Sri Addula Triveni Counsel for the Respondents: AGP for Civil Supplies (AP)

The Court made the following:ORDER:

This Writ Petition is filed for a Mandamus to declarethe action of respondent No.4, in not allotting the essentialcommodities to the petitioner’s fair price shop fordistribution, only on the ground of pendency of theproceedings under Section 6-A of the EssentialCommodities Act, 1955 (forshort ‘the Act’) against thepetitioner, as illegal and arbitrary.

At the hearing, learned Assistant GovernmentPleader for Civil Supplies (Andhra Pradesh) submitted thatdue to the pendency of the proceedings under Section 6-Aof the Act, the essential commodities are not being allottedto the petitioner for distribution.

In my opinion, mere pendency of the proceedingsunder Section 6-A of the Act would not disentitle thepetitioner to function as the fair price shop dealer so long as her authorization continues to subsist. Therefore,respondent No.4 is directed to allot the essentialcommodities to the petitioner’s fair price shop fordistribution from the month of January, 2015 onwards solong as her authorization remains in force.

Subject to the above direction, the Writ Petition isdisposed of.

As a sequel to disposal of the Writ Petition,WPMP.No.51406 of 2014 filed by the petitioner for interimrelief is disposed of as infructuous.

___________________________

JUSTICE

C.V.NAGARJUNA REDDY

31[st] December 2014DR