Gottula Seshaiah, v. The State Of Andhra Pradesh, Rep.By Its Secretary,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15515 of 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for respondents.

The petitioner is a regular dealer of fair price shop No.24 of Mocherla Village of Gudlur Mandal, Prakasam District. While so, on 12.04.2015, the Enforcement Deputy Tahsildar, Kandukur inspected the fair price shop of the petitioner, broke open the locks and seized the available commodities and sent a report to the 3rd respondent. Based on the said report, the 3rd respondent issued show cause notice dated 21.04.2015 to the petitioner for which he submitted his explanation on 02.05.2015 and another explanation on 19.05.2015. Pending proceedings under Section 6-A of the Essential Commodities Act, the petitioner filed a petition seeking release of the essential commodities before the 2nd respondent, who in turn, vide order dated 22.05.2015 directed the 3rd respondent to act as per rules and control orders.

In spite of the same, the 3rd respondent did not release the essential commodities. Hence, the present writ petition was filed. From a perusal of the order dated 22.05.2015 passed by the 2nd respondent, it is evident that only Section 6-A proceedings are pending and no disciplinary proceedings are initiated against the petitioner. The authorization of the petitioner is subsisting as on today.

In the circumstances, the 3rd and 4th respondents are directed to release the essential commodities to the petitioner so long as his authorization is subsisting. The Writ Petition is disposed of accordingly. No costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J

Date : 04.06.2015 ssp