IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 20700 of 2006 Between: K.Kutumba Rao, S/o.Chandra Rao Buchaiah Palem village, Gopalapuram Mandal W.G.District ..... PETITIONER AND 1 The District Collector, Eluru, West Godavari District 2 The Joint Collector, Eluru, West Godavari District 3 The Mandal Revenue Officer, Gopalapuram (Mandal), West Godavari 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 will be pleased to issue appropriate writ or direction more particularly in the nature of writ of mandamus in not supplying the stocks to the petitioner fair price shop No.33 situated in Karagapadu village, H/o.Buchaiah Palem village, Gopalapuram mandal, West Godavari District is contrary to the full bench Judgment reported in 2002 (1) ALD 577 and further declare the action of the respondent confiscating the stocks and not disposing the case Roc.C.S-I/1266/ECA/2003 is violative of Articles 14,21 and also contrary to the ratio laid down in 2003(2) ALT 298 and pass such other appropriate orders. Counsel for the Petitioner: MR.NARASIMHA RAO DAVULURI Counsel for the Respondents 1 to 3: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: This court ordered Rule Nisi on 29-09-2006 and also made the following order in W.PM.P.No.26231 of 2006: “There shall be interim direction to the respondents to supply stock of schedule commodities to the fair price shop No.33, situated in Karagapadu village, H/o.Buchaiahpalem village, Gopalapuram Mandal, West Godavari, provided the petitioner holds subsisting licence as on today.” 2. It is stated that as on today, the writ petitioner is distributing the commodities in the light of the interim direction made by this court specified above. Respondents 4 and 5 were impleaded as per order dated 20-09-2007 in W.P.M.P.No.6742 of 2007. 3. The writ petition is filed seeking to issue a writ of Mandamus praying for appropriate directions questioning the non supply of stocks to the petitioner relating to the fair price shop No.33 situated in Karagapadu village, H/o.Buchaiah Palem village, Gopalapuram mandal, West Godavari District. 4. Several facts had been narrated in the affidavit filed in support of the writ petition. A counter affidavit in detail had been filed and a reply affidavit also had been filed. In the detailed counter affidavit filed, it is stated that proceedings under Sec.6-A of the Essential Commodities Act are pending finalisation before the second respondent-the Joint Collector, Eluru, West Godavari District. It is also stated that a notice had been issued under Sec.6-B of the Essential Commodities Act and it is also stated that explanation also had been submitted. It is needless to say that when those proceedings are pending before the second respondent-the Joint Collector, Eluru, West Godavari District, it would be just and proper to direct the second respondent to complete the same within a period of four weeks from the date of receipt of a copy of this order. 5. In view of the fact that an interim direction had been granted by this court and as on today, the petitioner is distributing commodities, the said interim direction to be operative till appropriate decision is taken by the second respondent in this regard. The writ petitioner is permitted to raise all other questions and grounds at the appropriate stage in this regard. 6. Writ petition is disposed of accordingly. No order as to costs. __________________ P.S.NARAYANA, J. Dated: 26-02-2008 Rns.