THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.26108 of 2007 ORDER: In this Writ Petition, petitioner, who is a wholesale kerosene dealer, questioned proceedings, dated 30.11.2007 issued in Roc.CS 5/432/2007 by the second respondent - Collector, Civil Supplies, West Godavari District, Eluru. The petitioner was due an amount of Rs.3,73,614/- towards Kerosene Price Equalization Fund. He already collected the said amount while distributing the kerosene to the fair price shop dealers. Having collected the said money from the fair price shop dealers, when the same was not paid, the respondents have taken steps for non-supply of kerosene to the petitioner. At that stage, when his request for grant of instalments was not considered, he approached this Court and filed Writ Petition No.15208 of 2007, which in turn was disposed of by order, dated 03.09.2007 directing the first respondent - Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad, to dispose of his representation, dated 20.01.2007. He filed Writ Appeal No.974 of 2007, in which, the Division Bench of this Court passed no orders in his favour. Referring to the observations made in the order passed by the Division Bench, the impugned proceedings have been issued by the second respondent not to deliver PDS kerosene to the petitioner. At that stage, he approached this Court. From a perusal of the impugned proceedings, it is clear that the instructions are issued referring to the earlier orders of this Court in Writ Petition No.15208 of 2007 and also oral observations of the Division Bench of this Court while dealing with Writ Appeal No.974 of 2007. At the stage of admission, on 07.12.2007, this Court granted interim order on condition of petitioner depositing half of the amount due. It is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents that pursuant to the interim order passed by this Court, the petitioner has already paid Rs.1,35,000/- vide demand draft No.457096, dated 08.12.2007 drawn on State Bank of India, Palakol. It is submitted by the learned counsel for the petitioner that the petitioner is entitled for grant of instalments and in spite of the same, without following the directions issued by this Court, his request was not considered. It is also submitted that without passing any orders, the respondents have issued the instructions in the impugned proceedings for stopping the supplies to the petitioner. In the counter-affidavit filed by the respondents, while denying the allegations of the petitioner, it is stated that pursuant to the directions issued by this Court in Writ Petition No.15208 of 2007, the respondents have rejected the request of the petitioner for payment of the due amount in instalments. It is further stated that in view of oral observations of the Division Bench to recover the due amount immediately, the impugned proceedings are issued. It is categorically stated that the petitioner already collected the amount, which is sought to be realized from the petitioner, who is a wholesale kerosene dealer, from the fair price shop dealers at the time of delivery of PDS kerosene and his holding the Government’s money is without any reason. Though the petitioner claims to pay the due amount in instalments, there appears no basis or reason for the request made by him and when he already collected the amount towards Kerosene Price Equalization Fund from the fair price shop dealers, there is no reason for withholding the same. As much as the petitioner failed to pay the due amount, this Court is of the view that the respondents have rightly issued the impugned proceedings. However, it is to be seen that the petitioner has already deposited Rs.1,35,000/- pursuant to the interim order passed by this Court. It is evident from the counter- affidavit filed by the respondents that the balance amount payable by the petitioner as on 11.01.2008 is Rs.1,27,923.15 ps. In that view of the matter, I deem it appropriate to permit the petitioner to pay the balance due amount within a period of two (2) months from today in two instalments i.e. half of the balance due amount has to be paid on or before 20.11.2011 and remaining amount has to be paid on or before 20.12.2011. It is made clear that if the petitioner fails to pay the balance due amount, it is open for the respondents to take steps for stopping the supplies to the petitioner. Subject to the above observations, the Writ Petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 20th OCTOBER, 2011. kvni