THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29632 of 2011 Date: 05.11.2011 Between: Smt. A. Sunitha … Petitioner and The Revenue Divisional Officer, Chevella Division, Office at Attapur, Ranga Reddy District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29632 of 2011 ORDER : Heard Sri Bollam Lingaiah Yadav, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed to declare the action of the respondents in not supplying the essential commodities to the Fair Price Shop of the petitioner while her authorization is in subsistence, as arbitrary and illegal. 3. The petitioner is a Fair Price Shop dealer of Shop No.10 of Janwada-I Village, Shankarpally Mandal, Ranga Reddy District. Her authorisation is valid upto 31.03.2013. On receipt of information from the Village Revenue Officer, Janwada Village that the rice meant for public distribution system was being transported illegally in an Auto bearing No.AP 28TB 9484, on 31.10.2011 the Mandal Revenue Inspector, Shankarpally Mandal, Ranga Reddy District conducted an enquiry and noticed that the said rice belongs to the petitioner. He, therefore, seized the said vehicle along with the stock. Again on 01.11.2011 when the Mandal Revenue Inspector visited the shop of the petitioner, she was not available and her husband refused to produce the registers. The Mandal Revenue Inspector, therefore, seized the available stock under panchanama and laid a report before the Joint Collector-II (CS), Ranga Reddy District, for initiation of the proceedings under Section 6-A of the Essential Commodities Act, 1955 and the said enquiry is pending. Though a report has been submitted to the Joint Collector for eventual action, so far no action has been initiated against her. The grievance of the petitioner is that even though she is not involved in the alleged irregularities and that she has not contravened the provisions of the A.P. State Public Distribution System (Control) Order, 2008, a case is sought to be initiated against her only to deprive her livelihood. She also contends that even though her authorization, which is valid upto 31.3.2013, has been neither suspended nor cancelled, the respondents are not supplying the essential commodities to her shop as per the entitlement. Therefore, she filed the present writ petition for the aforesaid relief. 4. There does not appear to be any dispute that the authorization of the petitioner to run the Fair Price Shop is valid upto 31.03.2013 and the same has not been interdicted either by suspension or cancellation. Therefore, there is no justification on the part of the respondents to withhold essential commodities to the petitioner’s shop so long as her authorization is in subsistence. 5. In the circumstances, the writ petition is disposed of directing the respondents to release essential commodities to the shop of the petitioner as per her entitlement so long as her authorization is not suspended or cancelled and the same remains in force. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 05.11.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29632 of 2011 05.11.2011 (Msr)