IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 4186 of 2008 Between: Jada James S/o. Arone Fair Price Shop Dealer, Inimerla Village, Pamur Mandal, Prakasam District. ..... PETITIONER AND 1 The Joint Collector (Civil Supplies) Prakasam District, Ongole. 2 The Revenue Divisional Officer, Kandukur Division, Kandukur, Prakasam District. 3 The Tahsildar, Pamur Mandal, Prakasam 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 a writ or order more particularly one in the nature of writ of Mandamus or any appropriate writ or order declaring the action of the 2nd respondent in not releasing the Essential Commodities to the petitioner till the Completion of the enquiry pending against the petitioner as illegal, arbitrary and unconstitutional and against the principles of natural justice and contrary to provisions of Essential Commodities Act and pass such other suitable orders. Counsel for the Petitioner: MR.KOTI REDDY IDAMAKANTI Counsel for the Respondents 1 to 3: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: Heard the counsel. 2. The matter came up for admission on 28-02-2008. Asst. Government Pleader for Civil Supplies had taken notice and requested time to get instructions. The written instructions are placed before this Court. 3. The writ petition is filed seeking to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not releasing the Essential Commodities to the petitioner till the Completion of the enquiry pending against the petitioner as illegal, arbitrary and unconstitutional and against the principles of natural justice and contrary to provisions of Essential Commodities Act and pass such other suitable orders. 3. Several facts had been narrated in the affidavit filed in support of the writ petition. The main contention of Sri I. Koti Reddy, learned counsel representing the writ petitioner is that despite the order made by the first respondent-Joint Collector(Civil Supplies), Prakasam District, Ongole, setting aside the order of suspension made by the Revenue Divisional Officer, Kandukur Division, Kandukur, Prakasam District and the Tahsildar, Pamur Mandal, Prakasam District, third respondent is not supplying the commodities. 4. The written instructions are placed before this Court, wherein it is stated that “the Joint Collector(Civil Supplies) ordered setting aside the orders of Revenue Divisional Officer, Kandukur were received on 15-02-2008. By that time allotment orders allotting rice, sugar and K.Oil were issued on 05-02-2008. The incharge F.P.Shop dealer, Inimerla shop No.II remitted DDs on 10-02- 2008. The release order was written on 10-02-2008 and sent to the MLS point incharge, Pamur along with DD for delivery of rice and sugar. Thereafter essential commodities were delivered to the F.P.Shop from MLS point. Similarly the incharge F.P.Shop dealer, Inimerla shop No.II remitted DDs for Kerosene on 10-02-2008 and it was sent to wholesale dealer for delivery of kerosene on 10-02-2008 and subsequently kerosene was delivered to the F.P.shop for timely distribution to the card holders. Further Sri Jada James S/o. Aron never approached Tahsildar, Pamur for allotment of essential commodities during the month of February, 2008. I submit that essential commodities will be allotted to the petitioner Sri Jada James S/o Aron during the month of March, 2008. Soon after the receipt of DDs from the petitioner Sri Jada James S/o. Aron, essential commodities will be delivered to him in obedience to the Orders of Honourable High Court of Andhra Pradesh, Hyderabad.” 5. In the light of the written instructions placed before this Court, let the third respondent allot the essential commodities to the writ petitioner from the month of March, 2008 in accordance with the regulations. 6. The writ petition is disposed of accordingly. No order as to costs. __________________ P.S.NARAYANA, J. Dated: 29-02-2008 Note: Issue order copy by wire at party’s costs. B/O Rns ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies