IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6787 of 2007 Between: Smt.P.Mahalakshmi w/o Thimmaraju, r/o Perugupalyam Village, Settur Mandal, Ananthapur District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Dharmavaram, Ananthapur District. 2 the Mandal Revenue Officer, Settur Mandal, Ananthapur 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 of mandamus or any other appropriate writ or writs, order or direction, declaring the action of the respondents in not supplying essential commodities to the petitioner for the month of March, 2007 in the absence of any valid proceedings to that effect, as illegal, arbitrary and violative of principles of natural justice and to consequently direct the respondents to continue to supply the essential commodities to the petitioner from the month of March, 2007 onwards for the purpose of distributing the same to the card holders of Perugupalyam Village, Settur Mandal, Ananthapur District; Award costs and pass such other or further orders, as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.N.RANGA REDDY Counsel for the Respondents.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6787 of 2007 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in not supplying essential commodities to the petitioner for the month of March, 2007, in the absence of any valid proceedings to that effect, as illegal and arbitrary and consequently sought for a direction to the respondents to continue to supply the essential commodities to the petitioner from the month of March, 2007 onwards for the purpose of distributing the same to the card-holders of Perugupalyam village, Settur Mandal, Anantapur District. The case of the petitioner is that she was appointed as temporary Fair Price Shop dealer and though she was distributing essential commodities to all the cardholders in the village, without any complaint, the 1st respondent has issued a show cause notice to her on 19.01.2006 framing six charges and called upon her to submit her explanation. Pursuant to the said notice, the petitioner submitted a detailed explanation on 30.01.2006, but no further orders have been passed. Subsequently, when the petitioner approached the 2nd respondent along with requisite demand draft for supply of essential commodities, she was informed that stocks would not be supplied to her. Hence the present writ petition. This Court, on 10.04.2007, while admitting the writ petition, granted interim order in WPMP No.8669 of 2007 directing the respondents to supply the essential commodities after receiving demand draft from the petitioner towards costs of such essential commodities, if the authorization of the petitioner as a fair price shop dealer has not been suspended or cancelled. Pursuant to the said interim order, the essential commodities are being supplied to the petitioner by accepting requisite demand draft and that the petitioner has distributed the same to the cardholders. Now the respondents have come up with a vacate petition stating that the petitioner was appointed as fair price shop dealer purely on temporary basis and that she can be terminated at any time even without issuing any notice. Head both sides. Apparently a show cause notice was issued to the petitioner on 19.01.2006 and that the petitioner submitted a detailed explanation on 30.01.2006, but the respondent authorities have not passed any order till date. Since the essential commodities are being supplied to the petitioner pursuant to the interim order passed by this Court on 10.04.2007, the respondent authorities are hereby directed to continue the supply of essential commodities after receiving requisite demand draft from the petitioner and complete the entire enquiry, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner. The writ petition is accordingly disposed of. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Gsn.