IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21861 of 2007 Between: G. Satyanarayana S/o.Sambasiva Rao Kaza East,Elamanchili, W.G.District. ..... PETITIONER AND 1 The Joint Collector, W.G. District Eluru. 2 The Revenue Divisional Officer, Narasapur, W.G. District. 3 The Tahsildar, Elamanchili, W.G. District. .....RESPONDENTS Counsel for the Petitioner:SMT.D.LALITHA PRASAD Counsel for the Respondents:AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: In this writ petition, the action of respondent No.3 in making in-charge arrangement in respect of fair price shop No.51, Kaza East Village, Elamanchili Mandal, West Godavari District, is assailed by the petitioner, who is a regular fair price shop dealer. The petitioner’s fair price shop was inspected by respondent No.3 and on the ground that certain irregularities were detected, stocks were seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated. Subsequently, by the impugned order, respondent No.3 placed one Smt. K.Naveena, dealer of fair price shop No.53, Utada Village, in additional charge of the fair price shop held by the petitioner. This Court by order, dated 12-10- 2007 directed the respondents to continue the petitioner so long as his authorization is subsisting. It is agreed by the learned counsel for both the parties that as on today, the petitioner is being continued as fair price shop dealer. The learned Assistant Government Pleader for Civil Supplies placed before this Court the telegraphic communication sent by the Collector (Civil Supplies), West Godavari District, wherein it is mentioned that the proceedings under Section 6-A of the Act against the petitioner are still pending. Inasmuch as the petitioner’s authorization is still continuing to exist, as the same is not suspended or varied, respondent No.3 cannot bypass the petitioner and entrust the distribution of commodities to any other dealer so long as his authorization subsists. In these facts and circumstances, the writ petition is disposed of by permitting the petitioner to continue as fair price shop dealer, so long as his authorization is not in any way cancelled, varied or suspended. ________________________ C.V.NAGARJUNA REDDY, J 2nd June, 2009. ktl/kvni