WP/41113/2014 of S.Gangamma Vs The State of Andhra Pradesh, on 31 December 2014

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION No.41113 of 2014Date:31.12.2014

Between:

S.Gangamma,S/o Ramappa

..... Petitioner

And:

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

.....Respondents

Counsel for the Petitioner: Sri P.Narahari Babu 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 for distribution, as illegal andarbitrary.

It is the pleaded case of the petitioner that he hasbeen working as the permanent fair price shop dealer fromthe year 1998 without any blemish and that under the localpolitical influence, respondent No.4 has suddenly stoppedallotment of essential commodities to the petitioner andhas allowed third parties to distribute the essentialcommodities in the name of the petitioner’s fair price shop.

In my opinion, so long as the petitioner’s fair priceshop authorization remains in force, respondent No.4 hasno authority to deprive the petitioner of his right todistribute the essential commodities to the card holders.While cautioning respondent No.4 not to resort to such acts in future, respondent Nos.3 and 4 are directed toforthwith allow the petitioner to distribute the essentialcommodities from the month of January 2015.Respondent Nos.3 and 4 are cautioned that violation ofthis order will be viewed seriously.

Subject to the above direction, the Writ Petition isallowed.

As a sequel to disposal of the Writ Petition,W.P.M.P.No.51489 of 2014 filed by the petitioner forinterim relief is disposed of as infructuous.

___________________________

JUSTICE

C.V.NAGARJUNA REDDY

31[st] December 2014DR