High Court for State of TelanganaWP/5311/2015disposed of no costs

Smt. V.Mamatha v. The State Of Telangana, Rep. By Its Commissioner

2015-03-04R.Kantha Rao3 pages

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.5311 of 2015 ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 4.

This Writ Petition is filed seeking to declare the action of the 3rd and the 4th respondents in not supplying the essential commodities to the petitioner's fair price shop No.602 and in-charge fair price shop No.606, as arbitrary and illegal. The petitioner is the dealer of fair price shop No.602 and in-charge of fair price shop No.606, D.No.1-744/A, Ramashankar Nagar, Ramanthapur, Uppal Mandal. On 12.02.2015, the Assistant Supply Officer (Civil Supplies) along with other officials, inspected the fair price shop of the petitioner, verified the stock and found certain variations in the stock. Therefore, the officials seized the stock, registered a case under Section 6-A of the Essential Commodities Act, 1955, against the petitioner and sent a report to the 2nd respondent.

Based on the said report, the 3rd and the 4th respondents stopped supplying the essential commodities to the fair price shop of the petitioner. Thereafter, the petitioner submitted a representation dated 18.02.2015 before the 3rd respondent seeking supply of essential commodities. But, no action has been taken thereon.

Learned counsel appearing for the petitioner submits that the petitioner is running the said fair price shop for the last 5 years without any complaint and the alleged variation is ignorable. He further submits that though authorization of the petitioner is neither

suspended nor cancelled, the 3rd and the 4th respondents are not supplying the essential commodities to his fair price shop. Therefore, the respondents are directed to supply the essential commodities to the fair price shop of the petitioner during subsistence of his authorization. However, this order does not preclude the competent authority to conduct enquiry into the allegations levelled against the petitioner and passing final orders. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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

_____________________ JUSTICE R. KANTHA RAO 4th March, 2015 rkk