IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 13185 of 2009 Between: M.Palaiah S/o.Lingappa, R/o.75 - Veerapuram Village, Gummagatta Mandal, Anantapur District. ..... PETITIONER AND 1 The Joint Collector, Anantapur. 2 The Tahsildar, Gummagatta Mandal, Gummagatta, Anantapur District. .....RESPONDENTS Counsel for the Petitioner: MR.S.D.GOWD Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in not supplying essential commodities to the petitioner’s fair price shop at Veerapuram village, Gummagatta Mandal, Anantapur District, as illegal and arbitrary. The petitioner’s fair price shop was inspected by the Deputy Tahsildar, Raidurg (CSDT) on 13-5-2009 and allegedly found shortage of blue kerosene oil by 150 liters. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) were initiated on the basis of the report submitted by the inspecting officer and show-cause notice dated 8-4-2009 was issued by respondent No.1 in the said proceedings. The petitioner submitted that so far enquiry under Section 6-A of the Act has not been conducted and the petitioner is not supplied with essential commodities. The petitioner pleaded that his authorization was not suspended or cancelled so far. Though the learned Assistant Government pleader for Civil Supplies took time for instructions on 3-7-2009, she has reported no instructions. In view of the specific plea of the petitioner that his authorization has not been suspended or cancelled so far, he cannot be prevented from functioning as a fair price shop dealer so long as his authorization subsists and is in force as on today. Accordingly, the Writ Petition is disposed of with the direction to the respondents to continue the petitioner as a fair price shop dealer and permit him to distribute the essential commodities so long as his authorization is not suspended or cancelled. --------------------------------------- C.V.NAGARJUNA REDDY,J Date:07-7-2009 MNR