IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14721 of 2004 Between: G. Sudha Rani W/o Ramesh Yadav Sathanikota Village, Nandikotkur Mandal, Kurnool District ..... PETITIONER AND 1 The Revenue Divisional Officer, Kurnool 2 The Mandal Revenue Officer, Nandikotkur Mandal, Kurnool district .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction or particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the oral instructions to the Fair Price shop dealer of shop No.39 of Sathanikota Village to distribute the commodities for shop NO. 40 of Santhanikota Village Nandikotkur Mandal, Kurnool District ignoring the petitioner who is a permanent dealer of Shop No. 40 and who's license and authorization is subsisting, only yielding to the political pressures, as illegal arbitrary, and violative of Article 14 19, 21 of constitution of India and consequently direct the respondents to allow the petitioner to distribute the commodities for the said shop. Counsel for the Petitioner : MR.K.RATHANGA PANI REDDY Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO.14721 OF 2004 ORAL ORDER : The petitioner is an authorized dealer of a fair price shop. According to the petitioner, the authroisation issued in her favour is subsisting and the same is neither suspended nor cancelled as on today. It is alleged that in spite of the fact that the authorization is subsisting, the respondents failed to supply the essential commodities for distribution to the cardholders. Hence, this writ petition challenging the alleged action of the respondents in not supplying the essential commodities for distribution to the cardholders. I have heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. Even assuming that the proceedings under Section 6-A of the Essential Commodities Act, 1955 or any other enquiry with regard to the alleged irregularities in distribution of the essential commodities are pending against the dealer, the question is whether the authorities can refuse to supply the essential commodities to the dealer without either suspending or cancelling the authorization. This issue has been considered by a Full Bench of this Court in OLETI TIRUPATHAMMA v. DISTRICT SUPPLY OFFICER (CITY), VISAKHAPATNAM AND OTHERS and while concluding that in such circumstances the proceedings under Article 226 of the Constitution of India are maintainable, it has been held as under : “The High Court while exercising its jurisdiction under Article 226 of the Constitution of India, acts sentinel qui vive and thus it has to protect the citizen from arbitrary and capricious action of the executive. If the licensing authority themselves upon application of mind come to the conclusion that the irregularities committed by the fair price shop dealer would warrant suspension of his licence, it may do so. But, in our considered opinion, the authority without taking recourse to the said action, cannot, refuse to supply the essential commodities.” In the light of the ratio laid down by the Full Bench in the above decision, the Writ Petition is disposed of with a direction to the respondents to supply the essential commodities to the petitioner in case the petitioner is holding a valid authorization and the same is neither suspended nor cancelled as on today. It is made clear that this shall not preclude the respondents to initiate appropriate proceedings against the petitioner if the circumstances so warrant, following due process of law. Writ Petition is accordingly disposed of. No costs. ___________________ 16th September, 2004. Gbs To 1 The Revenue Divisional Officer, Kurnool 2 The Mandal Revenue Officer, Nandikotkur Mandal, Kurnool district 3.2CCs to G.P. for Civil Supplies, High Court of AP Blds, Hyderabad.(OUT) 4.2CD copies