M.Chandra Reddy v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19284 of 2016 ORDER:

This Writ Petition is filed questioning the action of respondent No.4 in tagging the ration cards of petitioner's fair price shop No.6 at Rallaguda Hamlet Village of Shamshabad Village and Mandal of Ranga Reddy District, to another fair price shop vide proceedings No.C/3395/2014 dated 19.10.2014 inspite of the fact that petitioner's fair price shop authorization is neither suspended nor cancelled. Heard the learned counsel for the petitioner as well as the learned Government Pleader.

Learned Government Pleader, on instructions, submits that the petitioner's authorization is in force. According to the instructions, petitioner's authorization was renewed upto 31.03.2016 and petitioner has also applied for further renewal. The learned counsel for the petitioner placed reliance on the Full Bench judgment of this Court in Oleti Tirupathamma v. District Supply Officer (City), Visakhapatnam and others([1]). In the light of the law declared by this Court in the above referred judgment as long as the authorization granted in favour of the petitioner is neither suspended nor cancelled, petitioner is entitled to distribute the essential commodities.

In that view of the matter, the writ petition is disposed of directing the respondents-authorities to allocate/issue the essential commodities to the petitioner, so as to enable him to distribute the same to the cardholders. However, it is made clear that the order of

allocation of essential commodities to the petitioner shall not be construed as restraining the respondent-authorities from conducting the enquiry in terms of the notice issued for the alleged violations, if any.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions pending in this writ petition, if any, shall stand closed.

____________________________ CHALLA KODANDA RAM, J 27th June, 2016 sur [1] 2002 (1) ALD 577 (FB)