THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16202 of 2009 DATE:07.08.2009 Between: Thalla Seshagiri Rao .. Petitioner and The District Collector, East Godavari and others .. Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16202 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents in got supplying essential commodities through a temporary dealer though his authorisation was neither cancelled nor he was put under suspension for shop No.12 of Ramachandrapuram, East Godavari District, and also the action of respondents 2 and 3 in confiscating 80% of the value of the seized stock to the Government, under Section 6-A of the Essential Commodities Act 1955 (for short 'the Act'), as illegal and arbitrary. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer in respect of shop No.12 of Ramachandrapuram, East Godavari District. On 23.07.2009 the Deputy Tahsildar, Ramachandrapuram Mandal, has inspected the fair price shop of the petitioner, having found excess stock of 8.09 quintals of PDS rice and 452 litres of kerosene, registered a case against the petitioner under Section 6-A of the Act, and filed the same before the Joint Collector, East Godavari - 2nd respondent seeking to confiscate the entire seized stock to the Government. Pursuant thereto, the 2nd respondent issued a show cause notice to the petitioner, vide proceedings in Ref.V12/CS/557/2007, dated 27.07.2007, to show cause as to why the entire seized stock should not be confiscated to the Government, within seven days from the date of the said notice, and the Sub Collector,, Rajahmundry - 3rd respondent also has issued a show cause notice to the petitioner, vide proceedings in Ref.E/2583/2007, dated 07.08.2007, to show cause as to why his authorisation should not be cancelled, within seven days from the date of receipt of the said notice. Subsequently, on careful examination of the case records, the 2nd respondent ordered confiscation of 80% of the value of the seized stock to the Government, vide proceedings in Ref.V12/CS/557/2007, dated 27.11.2007. As against the same, the petitioner filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. Proceedings under Section 6-A of the Act are for the purpose of confiscation, etc., but the order of confiscation shall not come in the way of dealers in supplying the essential commodities to the card holders. The Authorities competent also shall initiate proceedings i.e. suspending the authorisation, holding an enquiry, etc., under the A.P. Public Distribution System Control Order, 2001. In the absence of any proceedings under the A.P. Public Distribution System Control Order, 2001, restraining the petitioner from supplying the essential commodties to the card holders, simply basing on the orders of the 2nd respondent relating to confiscation of 80% of value of the seized stocks to the Government, is unwarranted. As the said aspect is not disputed by the learned Government Pleader for Civil Supplies, this Court is of the view that the action of the 3rd respondent in not permitting the petitioner to distribute the essential commodities to the card holders, is contrary to the established principles of law. 5. Accordingly, this writ petition is allowed, at the stage of admission, with a direction to the 3rd respondent to allow the petitioner to continue the supply of essential commodities to the card holders, so long as his authorisation is in force. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 7th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16202 of 2009 (Allowed) 7th August, 2009 CBS