IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO :6843 of 2008 Between: Kadalai Veeraju, s/o. Venkata Swamy, R/o. D.No. 5-76, K. Gangavaram Village, K. Gangavaram (M) East Godavari District. ..... PETITIONER AND 1 The Joint Collector, East Godavary District at Kakinada. 2 The Revenue Divisional Officer, Rajahmundry, East Godavary District. 3 The Tahsildar, K. Gangavaram Mandal, East Godavari District. .....RESPONDENTS Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent Nos.2 and 3 in not supplying essential commodities to the fair price shop No.15 of K.Gangavaram Village, East Godavari District, as illegal and arbitrary. The petitioner sought for a direction to respondent Nos.2 and 3 to supply essential commodities to the petitioner’s shop so long as the authorization is not suspended or cancelled. On the allegation that the petitioner indulged in certain irregularities in running the fair price shop in question, proceedings under Section 6A of the Essential Commodities Act, 1955 were initiated. Respondent No.1 passed order, dated 16.02.2008, whereby he ordered for confiscation of 40% of the seized stocks to the Government. The petitioner pleaded that no order has been passed thereafter either suspending or cancelling the authorization of the petitioner and that as on today, the same is in tact. The learned Assistant Government Pleader for Civil Supplies, who took time for instructions, placed before me a fax message sent by the Revenue Divisional Officer, Rajahmundry to the Government Pleader for Civil Supplies, wherein it is mentioned that the petitioner’s authorization is not suspended or cancelled as on today and that action is being taken against him as per the Andhra Pradesh State Public Distribution System Control Order, 2001. As held by a Full Bench of this Court in Oleti Tirupathamma v. District Supply Officer (City), Visakhapatnam [1] , a fair price shop dealer is entitled to distribute the essential commodities so long as his authorization is not in any manner varied, suspended or cancelled. In view of the above, the writ petition is allowed. The respondents are directed to supply essential commodities to the petitioner so long as his authorization subsists. C.V. NAGARJUNA REDDY, J 1st APRIL, 2008 kvni [1] 2002(1) ALD 577 (F.B.)