IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 18343 of 2008 Between: M. Janardhana Reddy, S/o. Suryanarayana Reddy, R/o. Apparacheruvu Village, Bathalapalli Mandal, Anantapur District. ..... PETITIONER AND 1 The Tahsildar, Bathalapalli Mandal, Anantapur District. 2 The Revenue Divisional Officer, Dharmavaram, Anantapur District. .....RESPONDENT(S) 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 an order or orders or direction one in the nature of Writ of Writ of Mandamus declaring the action of the 1st respondent in not allowing the essential commodities in respect of fair price shop of Apparacheruvu Village, Bathalapalli Mandal, Anantapur District as illegal, arbitrary and without jurisdiction and violation of Articles 14 and 19 of the Constitution of India and consequently direct the 1st respondent to allot Essential Commodities to the fair price shop of Apparacheruvu Village, Bathalapalli Mandal, Anantapur District forthwith. Counsel for the Petitioner : MR. N.ASWARTHA NARAYANA Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18343 OF 2008 ORDER : The petitioner herein is the authorized dealer of the fair price shop of Apparacheruvu Village, Bathalapalli Mandal, Ananthapur District. This writ petition is filed seeking a declaration that the action of the 1st respondent in not allotting the essential commodities for distribution to the cardholders as arbitrary and illegal. In response to the notice ordered by this Court, the Tahsildar, Bathalapalli Mandal, Ananthapur District filed a counter-aﬃdavit stating that some of the cardholders of Apparacheruvu Village made a representation before the Revenue Divisional Oﬃcer, Dharmavaram on 7.7.2008 for creation of a new fair price shop. Pursuant thereto, on enquiry, it was found that there are two groups in the village and due to ill-feelings between two groups the BC-community group is not willing to receive the essential commodities from the existing fair price shop dealer. That apart, on 4.8.2008 the cardholders staged Dharna before the Revenue Divisional Oﬃce demanding for distribution of the essential commodities to the cardholders. They also refused to receive the stocks from the existing dealer. In the circumstances and keeping in view the law and order situation prevailing in the village, for the month of August, 2008, commodities were distributed through the Mandal Revenue Inspector and Village Revenue Oﬃcer with the consent of the fair price shop dealer under the supervision of the Tahsildar. Subsequently, orders were sought from the Revenue Divisional Oﬃcer, Dharmavaram, for distribution of essential commodities through the alternative method and since the orders were awaited release order for supply of essential commodities for the month of September, 2008 could not be released upto 5.9.2008. Subsequently, a release order was issued in favour of the writ petitioner on 6.9.2008. The particulars of the commodities and the details of release order received for the month of September, 2008 are also furnished in the counter-aﬃdavit. From the explanation oﬀered by the 1st respondent in his counter-aﬃdavit it is clear that the delay in releasing the essential commodities to the petitioner for the month of September was only due to the disturbing circumstances prevailing in the village. Now that, a release order has been issued, no further enquiry is necessary and accordingly the Writ Petition is disposed of with a direction to the respondents to allot the essential commodities to the petitioner in terms of the release order. No costs. ______________ G. ROHINI, J. Dt. 16.09.2008 gbs Note:- CC in 3 days. (B/O) gbs