IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19007 of 2009 Between: Mr.Thota Veera Venkata Surya Chandra Rao ..... PETITIONER AND The State of Andhra Pradesh, rep. By its Principal Secretary, Department of Civil Supplies and others. ....RESPONDENTS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 19007 of 2009 ORDER: The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Certiorari to call for records and quash the impugned order of the 2nd respondent dated 27.08.2009 in RCC No.1044/2009 being illegal, arbitrary, capricious and violative of Article 14, 21 and 19(1)(g) of the Constitution of India apart from being violative of principles of natural justice and consequently declare the action of the 3rd respondent in seizing 12.50 quintals of rice and 45 liters of kerosene from the shop of the petitioner as illegal and arbitrary. The grievance of the petitioner is that the Special Deputy Tahsildar (Civil Supplies), 3rd respondent herein, along with his staff inspected the petitioner’s fair price shop on 17.08.2009 and found some variations in essential commodities. On the basis of the report furnished by the 3rd respondent, the 2nd respondent-Revenue Divisional Officer issued a show cause notice dated 22.08.2009 as provided under Section 6-B of the Essential Commodities Act, 1955 for which the petitioner offered his explanation on 27.08.2009. The 2nd respondent, without considering the said explanation submitted by the petitioner, passed an order dated 27.08.2009 in RCC No.1044/2009 cancelling the authorisation of the petitioner as fair price shop dealer temporarily and the authorities stopped the supply of essential commodities to the fair price shop of the petitioner. Hence, the petitioner approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner and also the learned Assistant Government Pleader for Civil Supplies. Mere pendency of 6-A proceedings cannot be a ground to stop supply of essential commodities to the authorized fair shop dealer. Apart from the initiation of the proceedings, there must be a regular order under the relevant Control Order either suspending or cancelling the authorization of the fair price shop dealer. While suspending the authorisation, the respondents have to mention the period of suspension or at least pending enquiry. So long as the authorization of the fair price shop dealer is in vogue, the authorities shall supply the essential commodities to the fair price shop of the petitioner enabling him to distribute the same to the cardholders. In the light of the above, this Court has no hesitation to come to a conclusion that the impugned order dated 22.07.2009 is bad and accordingly the same is set aside. However, this order does not preclude the 1st respondent to pass a fresh order in accordance with the rules provided under the relevant control orders. It is needless to observe that the authorisation of the fair price shop of the petitioner shall be restored and he shall be allowed to distribute the schedule commodities. Accordingly, the Writ Petition is allowed at the stage of admission. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 09, 2009 KSH