THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15266 of 2009 DATE:05.08.2009 Between: M. Prasad Babu ... Petitioner and The Joint Collector, East Godavari District at Kakinada and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15266 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents 2 and 3 in not supplying essential comodities to the fair shop No.52 of Venkatayapalem village, Ramachandrapuram Mandal, East Godavari District, being run by him, as illegal and arbitrary. 2. The facts of the case, in brief, are that the petitioner was appointed as a fair price shop dealer for shop No.52 of Venkatayapalem village, Ramachandrapuram Mandal, East Godavari District, in the year 2003, by the Revenue Divisional Officer, Rajahmundry - 2nd respondent. On 15.07.2009 the authorities of the Civil Supplies Department have inspected the shop of the petitioner, having found that there was excess of 53 kgs of PDS rice, seized the same by conducting panchnama, and subsequently stopped supply of essential commodities to the fair price shop of the petitioner. Aggrieved by the same, the petitioner approached this Court and filed this writ petition. 3. The learned counsel for the petitioner has submitted that though the respondents have not passed any order under the A.P.State Public Distribution System Control Order, 2001 either suspending or cancelling the authorisation of the petitioner or conducted any enquiry with regard to the alleged variation in the stock of PDS rice, they are refusing to supply the essential commodties to the fair price shop of the petitioner, that refusal by the Licencing Authority to supply the essential commodities to a dealer without suspending his licence is illegal, as held by a full Bench of this Court in a judgment reported in 2002(1) ALD 577, and that, therefore, the respondents are bound to supply the essential commodities to the shop of the petitioner as long as his authorisation is in subsistence. 4. Whether there is variation in the stock of essential commodities or not, the Civil Supplies Authorities are duty bound to supply the essential commodities to the fair price shop dealers, so long as their authorisations are in force. If the Authorities find that there are irregularities or if they feel that the authorisation is liable to be cancelled, they shall initiate necessary action i.e. suspension of authorisation or cancellation of authorisation, as provided for under the A.P.State Public Distribution System Control Order, 2001. But, in this case, without initiating any action of such nature, the respondents had simply stopped supply of essential commodities to the fair price shop of the petitioner, on the ground that there is variation of 53 kgs of excess of PDS rice, which is unwarranted. Hence, this Court has no hesitation to hold that the very action of the respondents in not supplying the essential commodities to the fair price shop of the petitioner, on the ground that there is variation in the stock of PDS rice, is illegal. 5. Accordingly, this writ petition is allowed directing the Tahasildar, Ramachandrapuram Mandal, East Godavari District - 3rd respondent to supply the essential commodities to the fair price shop No.52 of Venkatayapalem village, Ramachandrapuram Mandal, East Godavari District being run by the petitioner, so long as his authorisation is in existence. However, this order will not preclude the competent authorities to initiate necessary action against the petitioner, if they so choose, in accordance with the provisions of the relevant control orders. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 5th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15266 of 2009 (Allowed) 5th August, 2009 CBS