THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26282 OF 2008 Dated: 21-09-2011 Between: Yepuri Adinarayana ... PETITIONER AND The Revenue Divisional Officer, Rajahmundry, East Godavari District and another ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 26282 OF 2008 ORDER: This writ petition is filed seeking directions by way of mandamus declaring the action of the respondents in not permitting the petitioner to distribute essential commodities of fair price shop No.8 of Pinapalla Village, Alamuru Mandal, East Godavari District as arbitrary and illegal. The petitioner is the authorised fair price shop dealer of the above said fair price shop. The petitioner’s shop was inspected on 31- 07-2007 and based on the report sent by the District Supply Officer, Kakinada alleging that he has committed certain irregularities while running the fair price shop, essential commodities from the fair price shop were seized and based on the seizure report, proceedings were initiated against him under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) before the Joint Collector, East Godavari District. It is the grievance of the petitioner that without passing any order either suspending or cancelling his authorisation under the Andhra Pradesh State Public Distribution System (Control) Order, 2008 (for short ‘the Control Order, 2008), the respondents have stopped the supply to his shop. This Court by order dated 13-03-2009 granted interim direction to the respondents to restore supplies of essential commodities to the petitioner so as to enable him to supply them to the card holders attached to the shop in question as his authorisation was neither cancelled nor suspended by the competent authority. The 1st respondent filed counter affidavit, but there is no reference as to any order is passed by the competent authority under the provisions of the Control Order, 2008 either suspending or cancelling the authorisation of the petitioner. It is however stated that the proceedings initiated against the petitioner under Section 6-A of the Act were disposed of finally confiscating the entire seized stocks. But, it is submitted by the learned counsel for the petitioner that on appeal preferred by the petitioner in Criminal Appeal No. 297 of 2007, the appellate authority i.e., the learned Principal Sessions Judge, East Godavari at Rajahmundry by judgment dated 27-01-2009 has allowed the appeal in part by confining the confiscation only to the extent of variations in the commodities found during inspection. A perusal of the counter affidavit makes it clear that the respondents have neither cancelled nor suspended the authorisation of the petitioner on the allegations which are subject matter of the proceedings initiated against him under Section 6-A of the Act. Further, in the absence of any order passed by the competent authority under the provisions of the Control Order, 2008, it is not open for the respondents to discontinue supply of essential commodities to the petitioner so long as he holds valid authorisation. In the circumstances, the respondents are directed to distribute essential commodities to fair price shop No.8 of Pinapalla Village, Alamuru Mandal of which the petitioner is the authorised dealer, so as to enable him to distribute the same to the card holders attached to his shop. The writ petition is accordingly allowed. No order as to costs. R. SUBHASH REDDY, J 21-09-2011 ks