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High Court for State of TelanganaWP/27122/2011dismissed as infructuous

Kotha Bala Kotaiah v. The Collector (C.S.) Prakasam District, Ongole.

2015-06-05C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.27122 OF 2011 DATED:05-06-2015 Between:

Kotha Bala Kotaiah ... Petitioner And The Collector (C.S.) Prakasam District Ongole and others ... Respondents COUNSEL FOR THE PETITIONER: Mr. T. Niranjan, for Ms. K. Hemalatha COUNSEL FOR THE RESPONDENTS: A.G.P. for Civil Supplies (AP)

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3 in not supplying essential commodities to the petitioner's fair price shop No.6 of Polireddypalem Village, Kondepi Mandal, Prakasam District, as illegal and arbitrary.

This writ petition was filed on the plea that the respondents have stopped supplying essential commodities without suspending or cancelling the petitioner's authorization. In the light of that situation, this Court granted an interim direction on 28.9.2011 to respondent No.3 to continue to supply the essential commodities to the petitioner' fair price shop so long as his authorization remains in force. At the hearing, learned counsel for the petitioner submitted that after the said interim order was passed, respondent No.2 has suspended the petitioner's authorization on 11.1.2012 and feeling aggrieved by the same, the petitioner has filed W.P. No.1777 of 2012 and secured an interim order. In view of the subsequent events of suspension of the petitioner's authorization and filing of another writ petition questioning the same, the cause in the present writ petition does not survive for adjudication.

The writ petition is accordingly dismissed as infructuous with liberty to the petitioner to pursue W.P. No.1777 of 2012.

As a sequel to dismissal of the writ petition, the interim order dt.28.9.2011 shall stand vacated and W.P.M.P. No.33497 of 2011 and W.V.M.P. No.2830 of 2012 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 05-6-2015 bnr