IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17453 of 2009 Between: Smt. V.Sailaja D/o. Chokkarao R/o. 4/12, Lingannapet Village, Ganbhirraopet Mandal, Karimnagar District. ..... PETITIONER AND 1 The Joint Collector, Karimnagar, Karimnagar District. 2 The Revenue Divisional Officer, Siricilla, Karimnagar, 3 Tha Tahsildar, Gambhirraopet Mandal, Karimnagar District. ....RESPONDENTS 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 appropriate writ order or direction more one in the nature of a Writ of Mandamus declaring the action of the Respondents in not supplying the commodies to the petitioner Fair Price Shop No. 2508 of Lingannapet Village, Ghambhirraopet Mandal, Karimnagar District without any suspension or cancellation of authorization of the petitioner is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to allot the stocks to the petitioner fair Price Shop by receiving the Demand Drafts for supply of the Essential Commodities to the card holders of the petitioner fair price shop and Counsel for the Petitioner :MR.K.SRINIVAS Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 17453 of 2009 ORDER: The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action of the respondents in not supplying the commodities to the petitioner Fair Price Shop No.3508 of Lingannapet Village, Gambhirraopet Mandal, Karimnagar district without any suspension or cancellation of authorisation of the petitioner is illegal and arbitrary and consequently direct the respondents to allot the stocks to the fair Price shop of the petitioner. The grievance of the petitioner is that the Assistant Supply Officer, Sircilla along with his staff inspected the petitioner’s fair price shop No.3508 on 03.08.2009 at 09:30 AM and seized 22.50 Quintals of P.D.S/A.A.Y. rice and reported the matter to the Joint Collector, Karimnagar, 1st respondent, who in turn initiated proceedings under section 6-A of the Essential Commodities Act, 1955. The 1st respondent thereafter issued a show cause notice as provided under Section 6-B of the Essential Commodities Act, 1955 for which the petitioner offered her explanation. However, the authorities stopped the supply of essential commodities to the fair price shop No.3508 belonging to 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. 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 No.3508 enabling the authorised fair price shop dealer to distribute the same to the cardholders. As it is the grievance of the petitioner that the authorization is in force, the respondent authorities are hereby directed to supply the essential commodities to the fair price shop No.3508 of Lingannapet Village, Ghambirraopet Mandal, Karimnagar District i.e., to the petitioner enabling her to distribute the same to the card holders, provided the authorization of the petitioner is in force. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 21st August, 2009 MD/KSH