HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.32401 of 2011 Date: 13-12-2011 Between Halavathu Ashakumari … Petitioner and The Revenue Divisional Officer, Khammam Division, Khammam, Khammam district and another … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.32401 of 2011 Order: This writ petition is being disposed at the stage of admission with the consent of Sri Bollam Lingaiah Yadav, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 and 2. 2. The petitioner is an authorized Fair Price Shop Dealer of Shop No.06030 of Kokya Thanda village, hamlet of Nelapatla village, Kusumanchi Mandal, Khammam district. Her authorization is valid up to 31-3-2012. 3. On 08-9-2011, the Deputy Tahsildar (Civil Supplies) inspected the shop and after verification of the stocks, found variation in the stock of rice when the ground balance is compared with the book balance. It was also found that the petitioner was not maintaining true and correct accounts and was indulging in clandestine business in Public Distribution System commodities. A report to the said effect has been filed before the Joint Collector, Khammam, for appropriate action under the Essential Commodities Act, 1955 (for short ‘the Act’), who, having taken cognizance of the same, has issued notice dated 28-11-2011 under Section 6-B of the Act. 4. The petitioner has filed this writ petition complaining that even though her authorization is valid and no disciplinary action has been initiated, the respondents are not releasing the essential commodities. The petitioner asserts that so long as the authorization is valid she cannot be prevented from running the shop. 5. It is true that proceedings have been initiated under the Act, however, it does not appear that neither of the respondents have initiated any proceedings for suspension/cancellation of the petitioner’s authorization under the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. Therefore, there is no valid reason or any justification for the respondents in denying supply of essential commodities to the petitioner so long as her authorization is valid. 6. In the circumstances, I deem it appropriate to dispose of the writ petition directing the 2nd respondent-Tahsildar, Kusumanchi Mandal, Khammam district, to release the essential commodities to the petitioner’s Fair Price Shop as per entitlement so long as her authorization is valid. It is made clear that this order does not prevent the respondents from taking appropriate disciplinary action for suspension/cancellation of authorization as per law. 7. In view of disposal of the writ petition, W.P.M.P.No.40257 2011 is dismissed as unnecessary. No costs. ___________________ NOUSHAD ALI, J. 13th December, 2011. Note:- Issue C.C. by tomorrow. (B/o) Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.32401 of 2011 13th December, 2011. (Ak)