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High Court for State of TelanganaWP/15267/2015disposed of no costs

Md. Shareef v. The State Of Telangana,

2015-06-08A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15267 of 2015 ORDER:

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

The petitioner is a dealer of fair price shop No.701 at Subhash Chandrabose Nagar, Shapur Nagar, Balanagar Mandal in Ranga Reddy District. On 27.05.2015, the officials of the Civil Supplies Department came to his shop and verified the records. They found some variation in the stock. However, on the basis of the said instructions, a case under Section 6A of the Essential Commodities Act was registered. But, it is the case of the petitioner that, thereafter no show cause notice was issued and the authorisation of the petitioner is valid up to 31.03.2017. The petitioner submitted a representation on 29.05.2015 before the third respondent for supply of essential commodities, and when no action was taken, the present Writ Petition was filed. Though the learned Government Pleader was given time on 02.06.

2015 for getting instructions, till today no instructions have been received by him. In the facts and circumstances of the case, if the authorisation of the petitioner is valid and is in force as on today and no proceedings are pending against the petitioner, the petitioner is entitled to receive the stocks for distribution to the cardholders. Respondent Nos.3 and 4 are, accordingly, directed to supply the essential commodities to the petitioner, if there are no charges levelled against the petitioner and the authorisation of the petitioner is in force as on today. The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 08.06.2015 vs