THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19133 of 2009 DATE:10.09.2009 Between: Nimmakayala Mala Kondaiah ... Petitioner and The District Collector (C.S. Wing), Prakasam District at Ongole and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19133 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents in not supplying essential commodities to her fair price shop situated at Gudipadu vilage, Kanigiri Mandal, Prakasam District for the month of August, 2009, as illegal and arbitrary, and consequently, to direct them to supply the essential commodities regularly. 2. The case of the petitioner, in brief, is that she was appointed as a fair price shop dealer of Gudipadu village, Kanigiri Mandal, Prakasam District and has been distributing the essential commodities to the cardholders without any complaint and her authorisation is still in force. While so, on 29.07.2009 the Enforcement Deputy Tahsildar, Kanigiri Mandal inspected her shop and without conducting proper enquiry, seized 220 litres of kerosene on the ground that there is variation in the stock. Later, he registered a case against her under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Subsequently, though she paid a sum of Rs.12,301/- by way of a demand draft, for supply of essential commodities for the month of August, 2009, the respondents did not supply the commodities on the pretext that 6-A proceedings are pending before the 1st respondent. Thereafter, she made a representation before the 1st respondent seeking supply of essential commodities, but the 1st respondent has not passed any order thereon. Aggrieved by the same, she filed the present writ petition. 3. Heard the leaned counsel for the petitioner as well as the Assistant Government Pleader for Civil Supplies. 4. The main contention of the learned counsel for the petitioner is that though the authorisation of the petitioner is still subsisting, the respondents are not supplying the essential commodities to the fair price shop of the petitioner so as to enable her to distribute the same to the cardholders. But, it is not understandable as to why the respondents are not supplying the essential commodities to the fair price shop of the petitioner. So long as the authorisation of the petitioner is in existence, the respondents shall not stop supply of essential commodities to her fair price shop. 5. Accordingly, this writ petition is allowed at the stage of admission. The respondents are hereby directed to supply the essential commodities to the fair price of of the petitioner situated at Gudipadu village, Kanigiri Mandal, Prakasam district for the month of August, 2009 forthwith, and also to continue supply of the essential commodities thereafter regularly, so long as her authorisation is in force. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 10th September, 2009 Note: Issue operative portion of the order by wire at party's cost. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19133 of 2009 (Allowed) 10th September, 2009 Note: Issue operative portion of the order by wire at party's cost. (b/o) CBS