IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21723 of 2009 Between: Syed Basheer, S/o Mastan Saheb, 50 years, F.P. Shop Dealer of Shop No.129, South Rajupalem village, Nellore Rural Mandal, SPSR Nellore District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Nellore, SPSR Nellore District. 2 The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. .....RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21723 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in not supplying the essential commodities to the petitioner F.P. Shop No.129, South Rajupalem village, Nellore Rural Mandal, SPSR Nellore District, as illegal and arbitrary and consequently sought for a direction to the respondents to release the essential commodities to the petitioner F.P. Shop as long as his authorization is subsisting. The case of the petitioner is that he was appointed as Fair Price Shop dealer of FPS No.129, South Rajupalem village, Nellore Rural Mandal and that he has been distributing essential commodities to all the cardholders in the village for the last 26 years, without any complaint. While so, the 2nd respondent inspected the F.P. Shop on 17.09.2009 and seized the essential commodities on the ground that there are certain variations in the stocks. Pursuant thereto, on the report furnished by the 2nd respondent, the Joint Collector, Nellore District, initiated proceedings under Section 6-A of the Essential Commodities Act and the same is pending. It is stated that the authorization of the petitioner is subsisting as on date and that 2nd respondent abruptly stopped the supply of essential commodities to the fair price shop of the petitioner without passing any orders either suspending or canceling his authorization. Hence the writ petition. Heard both sides. May be it is true that the proceedings under Section 6-A of the Essential Commodities have been initiated and the same is pending before the Joint Collector. But, that can never be a ground for the authorities to stop the supply of essential commodities to the fair price shop of the petitioner. The respondents have to initiate further action as required under the provisions of the Control Order, 2008. However, it is the contention of the learned Counsel for the petitioner that the authorization of the petitioner is still in force as on date. In the aforesaid circumstances, this writ petition is disposed of with a direction to the respondents to supply the essential commodities to the petitioner fair price shop No.129, South Rajupalem village, Nellore Rural Mandal, SPSR Nellore District, so as to distribute the same to the cardholders attached to his shop, provided the authorization of the petitioner is in force as on date. However, this order does not preclude the respondents from initiating necessary action as provided for under the Control Order, 2008. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 09-10-2009 Gsn.