THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30265 of 2011 Date: 15.11.2011 Between: Cherukuri Shankar Narayana … Petitioner and The Revenue Divisional Officer, Khammam Division, Opp: Bus Stand, Khammam Town, Khammam District. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30265 of 2011 ORDER : Heard Sri Bollam Lingaiah Yadav, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondent, and with their consent the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed to declare the action of the respondent-Revenue Divisional Officer, Khammam Division, Khammam District, in not supplying the essential commodities to the Fair Price Shop of the petitioner while his authorization is in subsistence, as arbitrary and illegal. 3. The petitioner is a Fair Price Shop dealer in respect of Shop No.03025 of Khammam Town, Khammam District. On 03.11.2011, the Deputy Tahsildar, Civil Supplies Department along with other staff inspected the shop of the petitioner and having found certain variations in the stock of essential commodities, seized the entire stock available in the shop. Though a report in that regard was submitted to the Joint Collector, Khammam, on 04.11.2011, for eventual action under Section 6-A of the Essential Commodities Act, 1955, so far no action has been taken. The grievance of the petitioner is that even though his authorization, which is valid upto 31.03.2012, has been neither suspended nor cancelled, the respondent is not supplying the essential commodities to his shop. Therefore, the petitioner has filed the present writ petition for the aforesaid relief. 4. There does not appear to be any dispute that the authorization of the petitioner to run the Fair Price Shop is valid upto 31.03.2012 and the same has not been interdicted either by suspension or cancellation. Therefore, there is no justification on the part of the respondent to withhold the essential commodities to the petitioner’s shop so long as his authorization is in subsistence. 5. In the circumstances, the writ petition is disposed of directing the respondent to release the essential commodities to the Fair Price Shop of the petitioner as per his entitlement so long as his authorization is not suspended or cancelled and the same remains in force. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 15.11.2011. NOTE: Issue C.C. by 16.11.2011. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30265 of 2011 15.11.2011 (Msr)