THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2202 of 2011 Dated 04th February, 2011 Between: K.Srinivas …Petitioner And The Joint Collector (CS).II, R.R.District, at 177, Lakdikapul, Khairatabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri Bollam Lingaiah Yadav Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not supplying the essential commodities to the petitioner for distribution to the cardholders in respect of shop No.37 of Gandeed Village and Mandal, Ranga Reddy District, as illegal and arbitrary. On the basis of an inspection made by the Officials of the Civil Supplies Department on 25.11.2010, certain stocks from the petitioner’s fair price shop were seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated. The petitioner pleaded that his authorisation was valid up to 31.03.2009 and that he applied for renewal on 02.04.2009, which, according to him, is well within the prescribed time for such application. The grievance of the petitioner is two fold, namely, that respondent No.2 has kept the renewal application pending and respondent No.3 has not been supplying the essential commodities to him on the sole ground that proceedings under Section 6-A of the Act have been initiated against him. At the hearing, the learned Assistant Government Pleader for Civil Supplies stated that though the petitioner filed a copy of the challan, dated 02.04.2009, showing payment of renewal fee, a copy of the application is not filed and that therefore, the deeming provision under the A.P.State Public Distribution System (Control) Order, 2008 does not come to the help of the petitioner. As regards the withholding of supplies to the petitioner on the ground of initiation of proceedings under Section 6-A of the Act, the law is well settled that mere initiation of such proceedings shall not constitute a ground for withholding of supplies, unless the petitioner’s authorisation is suspended or cancelled, as the case may be. Therefore, respondent Nos.2 and 3 are bound to supply the essential commodities to the petitioner, provided, however, the petitioner has filed his application for renewal within time and such application is not disposed of so far. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.2727 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 04th February, 2011 Note: Issue CC in one week. (b/o) VGB