The Darsi Taluk Consumers Co-Operative Central Stores v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.25151 OF 2014 ORDER:

This writ petition is filed seeking to issue a writ or order more particularly, one in the nature of writ of mandamus to declare the action of respondent Nos.2 and 3 in not releasing the essential commodities in favour of the petitioner for Fair Price Shop Nos.10 and 11, Darsi Village and Mandal, Prakasam District without notice and without any valid reasons as illegal and arbitrary and consequently, to direct the respondents to release the essential commodities in favour of the petitioner pertaining to the said shops for distribution of the same to the cardholders. 2.

Heard and perused the material available on record. 3.

On 28.8.2014, this Court, while admitting the writ petition, passed an interim order in W.P.M.P.No.31455 of 2014 as follows: "It is submitted by the learned counsel for the petitioner that the petitioner is having valid and subsisting fair price shop authorization. Further, the fair price shop of the petitioner was inspected on 12.08.2014, however, the variations found in said inspection are within permissible standards. In spite of the same, the stocks were seized. Heard the learned AGP.

Since it is stated that the petitioner is having valid and subsisting fair price shop authorization, there shall be an interim direction to respondents to supply stocks to the petitioner for distribution to card holders as long as Fair Price shop authorization is valid and subsisting. However, this order does not preclude the respondents from taking appropriate action against the petitioner, if he is found to have committed any violation.

Notice."

Considering all the facts and circumstances of the case, this Court is of the view that the said interim order can be made absolute and the same is, accordingly, made absolute and the Writ Petition is disposed of. There shall be no order as to costs. 4.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 14.10.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.25151 OF 2014 Date: 14.10.2016 AMD