Andhra Pradesh High Court
WP/22890/2020 of RAYAPU BUJJAMMA AT EMBETI BUJJAMMA Vs THE STATE OF AP on 31 December 2020
KONGARA VIJAYA LAKSHMI WRIT PETITION No.22890 of 2020 ORDER: Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage. The inaction of respondents, in supplying essential
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMIWRIT PETITION No.22890 of 2020
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ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage.
The inaction of respondents, in supplying essential commodities to F.P. Shop No.0938020 held by the petitioner, even though the authorization is neither suspended nor cancelled the authorization, is questioned in the Writ Petition as being illegal and arbitrary.
Petitioner was appointed as fair price shop dealer of F.P.Shop No.0938020, Ballavolu Village, Chillakuru Mandal, SPSR Nellore District; on 07.02.2020, the Civil Supplies Deputy Tahsildar, Manubolu, and his staff inspected the subject shop and found variation between the available stock and e-pos machine and seized the stock though there are no complaints from any of the cardholders and registered a case under Section 6-A of the Essential Commodities Act (for short ‘the Act’); as the amount was paid towards renewal of authorization, it is deemed that the authorization is in force and valid; and even though the authorization is neither cancelled nor suspended, respondents are not releasing the essential commodities. Hence the Writ Petition.
Learned Counsel for the petitioner submits that the respondents cannot deny supply of essential commodities to the petitioner when his authorization is subsisting and relies on the judgment of this Court in W.P.No.3403 of 2020 dated 05.12.2019, wherein the respondent – authorities were directed to release the essential commodities to the petitioner by relying upon the judgment in Oleti Tirupathamma v. District Supply Officer (City)Visakhapatnam[1].
Learned Government Pleader for Civil Supplies, on instructions, submits that, on 07.02.2020, the fair price shop of the petitioner was inspected and as there are variations in the stock, a case under Section 6-A of the Act has been registered and that the Tahsildar recommended disciplinary action against the petitioner. The issue whether the respondents can stop supply of essential commodities on the ground of pendency of proceedings under Section 6-A of the Act without canceling or suspending the authorization came up for consideration in W.P.No.3403 of 2020 and, this Court, relying upon Oleti Tirupathamma (1 supra),directed supply of essential commodities to the petitioner therein.
In Oleti Tirupathamma (1 supra), the Full-Bench of this Court observed thus:
“Such action disabling fair price shop dealer to run the shop without any order of suspension of cancellation is illegal and arbitrary and issued such directions”.
As seen from the affidavit filed in support of the Writ Petition, it s stated that the petitioner has paid the amount towards renewal of authorization and that it is deemed that the authorization is in force ad valid. In view of the same, if the authorization of the petitioner is n force as on today, and if the licence of the petitioner has neither been suspended nor cancelled, the respondents are directed to supply essential commodities to the petitioner. However, this order shall not preclude the respondents from proceeding against the petitioner in accordance with law.
The Writ Petition is, accordingly, allowed. No order as to costs. Miscellaneous petitions pending, if any, shall also stand disposed of.
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KONGARA VIJAYA LAKSHMI, J
Date:31.12.2020 usd