THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9506 of 2010 April 27, 2010 Between: Pasupuleti Prabhakar, S/o.Ramaiah … Petitioner And The District Collector (CS), Khammam District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9506 of 2010 ORDER: The petitioner is holder of household card No.WAP 222401200239. He draws essential commodities from Fair Price Shop (FPS) No.36012, Jadalachintha Village of Julurupadu Mandal in Khammam District. One Dharavath Rama Rao (who is not a party to the writ petition) is dealer of FPS No.12. It appears that second respondent initiated disciplinary action under Clause 5(5) of Andhra Pradesh State Public Distribution System (Control) Order, 2008, pursuant to the report submitted by the Deputy Tahsildar (Civil Supplies), Kothagudem, alleging that during inspection of the shop on 02.12.2009, the inspecting team found variations in the stock in relation to the stock register. Action was initiated under Section 6A of the Essential Commodities Act, 1955 (the Act) by the Joint Collector/ District Collector (Civil Supplies). Simultaneously second respondent conducted enquiry and taking a lenient view exonerated FPS dealer imposing penalty of Rs.3,000/-. While doing so, second respondent took into consideration orders under Section 6A of the Act whereunder 90% of the seized rice was confiscated. Aggrieved by the order of second respondent, dated 04.3.2010, present writ petition is filed. FPS dealer is not a party to the writ petition. Unless and until the party likely to be affected is made as party respondent, writ petition cannot be maintained. Secondly, a perusal of the impugned order would show that second respondent considered the matter in proper perspective and took a lenient view considering the application of FPS dealer. The writ petition is therefore devoid of any merit. The writ petition is accordingly dismissed. ______________ (V.V.S. RAO, J) April 27, 2010 YS