High Court for State of TelanganaWP/25009/2015allowed no costs

K.Kodanda Rami Reddy v. State Of Andhra Pradesh,

2015-08-19A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.25009 of 2015 Between:

K.Kodanda Rami Reddy .. Petitioner and The State of Andhra Pradesh Rep. by its Ex-Officio Secretary to Government Consumer Affairs, Food and Civil Supplies (CS-1) Department Secretariat, Hyderabad and others .. Respondents DATE OF ORDER PRONOUNCED: 19.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.25009 of 2015 ORDER:

The petitioner is a Fair Price Shop dealer of Shop No.12,

Marripadu Village, Sangam Mandal, Nellore District. While so, the shop of petitioner was inspected on 08.07.2015 and some irregularities were noticed by the Inspecting officials. Based on the variation in the quantities, proceedings under Section 6A of the Essential Commodities Act were initiated and the enquiry is pending. However, without any separate disciplinary proceedings by the second respondent when the third respondent passed an order on 17.07.2015 based on the said 6A proceedings, the petitioner filed the present writ petition. It is needless to state that so long as the authorization of the petitioner is in force, the petitioner is entitled for supply of commodities for onward distribution to the cardholders. In the absence of any order passed by the second respondent, the third respondent ought not to have passed the impugned order. Accordingly, the impugned order dated 17.07.2015 is set aside and the petitioner shall be allowed to continue as Fair Price Shop dealer so long as the authorization of the petitioner is in force and valid.

Accordingly, the Writ Petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 19.08.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

WRIT PETITION No.25009 of 2015 Date: 19.08.2015 MVA