IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 18171 of 2009 Between: S.Bhaskar Rao . .Petitioner And The Tahsildar, Anandapuram Mandal, Visakhapatnam District and another. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.18171 OF 2009 ORDER: The petitioner approached this Court and filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondents in not permitting the petitioner to run fair price Shop No.7, Boni Village, Anandapuram Mandal, Visakhapatnam and distribute essential commodities though his authorization is subsisting as bad and illegal and consequently direct the respondents to permit the petitioner to run the said fair price shop. 2) The case of the petitioner is that on 07.08.2009, the vigilance authorities inspected the fair price shop of the petitioner and alleged that there are certain variations in the stock. Then, the petitioner approached respondent Nos.1 and 2 and submitted his explanation on 08.08.2009 along with the statements of the villagers and other mediators. But the respondents neither initiated any disciplinary proceedings nor cancelled the authorization. Though the authorization of the petitioner is in subsistence, respondents are not permitting the petitioner to lift the stocks and in view of that the petitioner cannot run the shop. 3) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4) May be it is true that the petitioner’s fair price shop was inspected on 07.08.2009 and the inspecting officials found certain variations. But, it does not mean that they can automatically stop supplying the schedule commodities. It is only when they initiated necessary action as per the relevant Control Order, then only the supply can be stopped. So long as the authorization of the petitioner is in force, the respondent authorities are duty bound to supply the schedule commodities enabling the petitioner to supply the same to the card holders. 5) In that view of the matter, the respondent Nos.1 and 2 are hereby directed to supply the schedule commodities to the petitioner so long as his authorization is in force. 6) Accordingly, this writ petition is disposed of at the stage of admission. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) August 28, 2009 Note: Issue C.C. by two days. (B/O) KSH