IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12094 of 2008 BETWEEN: Sk. Mastan Vali, S/o. Hasan Saheb, R/o. Aswinipuram, Atmakur Mandal, Nellore District. ... PETITIONER AND 1 The Deputy Tahsildar, Dagadarthi, Atmakur Mandal, Nellore District. 2 The Tahsildar, Atmakur Mandal, Nellore District. 3 The Joint Collector, Nellore, Nellore 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 may be pleased to issue any writ order or direction particularly one in the nature of Writ of Mandamus under Article 226 of the constitution of India, declaring the action of the respondents in not supplying the essential commodities to the petitioner Fair Price Shop, Aswinipuram Village, Atmakur Mandal, Nellore District as illegal, arbitrary, without jurisdiction, unjust and violative of Articles 14, 19 (1)(g) and 21 of the constitution of India and consequently direct the respondents to release the essential commodities to the petitioners Fair Price Shop as long as his authorization is subsisting and pass such other order or orders. Counsel for the Petitioner: MR.P.KRISHNA REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Petitioner submits that he is a fair price shop dealer of Aswinipuram village and he has been supplying the essential commodities to the satisfaction of the authorities and the cardholders for the last 17 years. While so, on 09.05.2008 the Deputy Tahsildar, Dagadarthi along with his staff inspected his shop and alleged that there is an excess of 750 KGs of rice and 330 litres of kerosene oil and seized the entire stock and initiated the proceedings under Section 6-A of the Essential Commodities Act (for short ‘the Act’). 2. Petitioner further submits that he filed a petition before the Joint Collector for the release of the seized stock pending disposal of the proceedings under Section 6-A of the Act. He further submits that so far his authorization of the fair price shop has not been cancelled or suspended and it subsists. He further submits that as long as his authorization is not cancelled or suspended, he is entitled for the supply of essential commodities. 3. Having regard to the facts and circumstances of the case, the respondents are directed to supply the essential commodities to the fair price shop of the petitioner so long as the authorization of the petitioner subsists and not suspended or cancelled as on date. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 12, 2008 Note: Furnish C.C. of the order in two days. (B/o) DSK