THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.23651 of 2007 Date: 25th January, 2008 Between :- Gurrala Ramanamma .. Petitioner And The District Collector, Kadapa And 2 others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.23651 of 2007 ORDER:- Heard Mr.Siva Sankar, the learned Counsel representing the Writ Petitioner and the learned A.G.P. for Civil Supplies. 2. This Court ordered notice before admission on 7-11- 2007. Counter affidavit is filed. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the of the respondents herein in not taking action inspite of the directions issued by this Court by order dated 19-6-2007 passed in W.P.No.22353/2006 and also not taking steps on the resolutions dated 2-7- 2007 and 11-7-2007 passed by the MPDO, Duvvur Mandal, Village Sarpanch and representation of the petitioner dated 27-7-2007 is arbitrary, illegal, unjust and consequently direct the respondents to act as per law, as otherwise petitioner and villagers will suffer serious loss and great hardship and pass such other suitable orders. 4. Mr.Siva Sankar, the learned Counsel representing the Writ Petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and also the averments made in the counter affidavit and also would submit that in the facts and circumstances suitable directions are to be issued to the respondents in the light of the reliefs prayed for. 5. On the contrary, the learned A.G.P. for Civil Supplies had taken this Court through the order which had been made in the prior Writ Petition W.P.No.22353/2006 and would maintain that inasmuch as, the Tahasildar had submitted report to the District Collector, Kadapa, for considering the bifurcation Narayanapalli Fair Price Shop Dealer, the further action may be taken in due course. 6. It is stated in the affidavit filed in support of the Writ Petition that the petitioner is the Sarpanch of Narayanapalli village and that one Smt.Patnam Chanra Leela, W/o.Tirupathaiah, Fair Price Shop Dealer for the village Narayanapall, Duvvur Mandal, Kadapa District, was appointed vide Ref.B/1035/2004, dated 20-9-2006 and also stated that the villagers of Narayanapalli made several representations to the respondents that the Fair Price Shop Dealer of Narayanapalli Village is not distributing the essential commodities to the villagers of Narayanapalli. Further it is stated that the villagers also intimated to the respondents that essential commodities are distributing to one group in the Village. It is also stated that on 7-10-2006 at 10.45 p.m., villagers caught one Auto bearing No.AP-04-I-9771 running towards Duvvur carrying 14 Rice bags and informed the Police, Duvvur. Further it is stated that the S.H.O., Duvvur informed that the seized rice belong to Narayanapalli Village and the said rice was handed over to the 3rd respondent and also requested the 3rd respondent to take action against the Fair Price Shop Dealer. It is further averred that the Fair Price Shop Dealer is not displaying the Stock Point in the notice board and not distributing the commodities to the villagers and also further stated that the Fair Price Shop Dealer selling the essential commodities at higher prices to the villagers. Further it is also averred that the villagers made representation dated 11-10-2006 to the respondents 1 to 3 bringing all the facts to their notice to enquire into the matter and take necessary action against the Fair Price Shop Dealer and her supporters who are responsible for violation of Rules of not distributing the essential commodities to the villagers. The 3rd respondent instead of taking action against the Fair Price Shop Dealer, again permitted the Fair Price Shop Dealer for lifting the commodities. Further it is stated that aggrieved by the appointment of Fair Price Shop Dealer of Narayanapalli and the 3rd respondent’s inaction in not taking action against her inspite of the report submitted by the S.I. of Police, Duvvur, the villagers filed W.P.No.22352/2007 before trial Court seeking direction to issue The Writ Petition is filed for a Writ of Mandamus, declaring the action of the of the respondents 1 to 3 in not suspending the 4th respondent licence inspite of the report submitted by the S.H.O., Duvvur, Kadapa District, as illegal, arbitrary, unjunst and violation of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to act as per law and cancel the licence of the 4th respondent as otherwise villagers will suffer great hardship. This Court by order dated 19-6-2007 in W.P.No.22352/2006 disposed of the Writ Petition as hereunder:- “In the circumstances, the alleged inaction on the part of the respondents 1 to 3 unfounded and without any basis. Hence, the writ of Mandamus as prayed for cannot be issued. However, it is made clear that this shall not precluded the respondents 2 and 3 to make necessary enquiry and take appropriate action following due process of law in case any fresh complaints are received with regard to the distribution of the essential commodities by the 4th respondent.” Further it is stated that finally villagers gave another representation to the respondents on 2-6-2007 and July, 2007 to take action against the Fair Price Shop Dealer of Narayanapalli Village and also stated that no action has been taken so far, and as such legal notice dated 24-7- 2007 was issued calling respondents to implement the order dated 19-6-2007 passed in W.P.No.22353/2006. Thereafter the Mandal Parishad Development Officer passed a Resolution dated 2-7-2007 stating that the present Fair Price Shop Dealer of Narayanapalli Gram Panchayat is not distributing the essential commodities properly, a representation is submitted by the President of Mandal Parishad to the Mandal Revenue Officer and the MLA along with coupons of the persons who have not drawn the essential commodities. On 11-7-2007, the petitioner passed a resolution that there are number of Dwakra Groups in the village, villagers not satisfied with the present Dealer in distributing the essential commodities. It is also stated that the respondents are not taking any steps inspite of the orders passed by this Court and as well as the resolutions dated 2-7-2007, 11-7-2007 and 27-7-2007 made on behalf of the villagers. It is also stated that under these circumstances and in the interest of Justice, this Court may be pleased to grant interim directions directing the respondents to pass appropriate orders on resolution dated 2-7-2007, 11-7-2007 passed by the MPDO and Village Sarpanch and representation dt.27-7-2007, and pass such other suitable orders. 7. In the counter affidavit filed, several averments had been denied and the order made W.P.No.22352/2006 also had been referred to. It is stated that in obedience of the Orders made by this Court, the Tahasildar, Duvvur had visited Narayanapalli Village along with the concerned Village Revenue Officer and Mandal Revenue Inspection on 2-8-2007 and inspected the fair price shop and enquired into allegations against her and found that no irregularities were being committed by the Fair Price Shop Dealer and a report in this regard was also submitted to the District Collector, Kadapa vide Ref.B/200/2006 dated 8-8-2007. During the fair price shop inspection, the Tahasildar had contacted all the ration cardholders of the Village and found that there are two groups in Narayanapalli Village belonging to two different political parties and they are indulged in clashes and disputes frequently even for trivial things unnecessarily and with regard to fair price shop also there were may clashes among the two groups and they bent upon putting petitions against each other and also stated that recently two Fair Price Shop Dealers were removed following allegations against them and that they filed Writ Petitions before this Court. It is also stated that certain cardholders belonging to one group are not going to present fair price shop to receive their quota and at the instance and behest of their group leader and hence some stocks were left at the fair price shop every month and the Fair Price Shop Dealer is showing back-log every month and that the present Fair Price Shop Dealer does not belong to any group in the Village and she is impartial and issuing essential commodities to the card holders coming to her fair price shop. It is stated that the petitioner has stated that the fair price shop dealer is not giving essential commodities to 138 card holders belonging to her group and that she has represented for bifurcation of the fair price shop and to appoint a separate Fair Price Shop Dealer for their group and a resolution was also passed to that effect during the meeting conducted at Mandal Parishad Development Officer’s Office, Duvvur and Gram Panchayat Narayanapalle village on 2-7-2007 and 17-7-2007 respectively but inspite of it, no action was taken on the resolution and that in this connecltion, it is submitted that the fair price shop of Narayanapalle village does not satisfy norms and conditions prescribed by the Government for bifurcation of fair price shop i.e., strength of the ration cards, distance in the village obstruction by a vanka etc., but treating it as a special case and in order to avoid law and order problem in Narayanapalle village and in the interest of welfare of the inhabitants, the Tahasildar, Duvvur had submitted report to the District Collector, Kadapa for considering the bifurcation of Narayanapalle fair price shop of Duvvur Mandal and order are awaited. Further it is stated that the S.H.O., Duvvur had submitted a requisition to the Mandal Revenue Officer, Duvvur on 9- 10-2006 stating that while he was conducting vehicle checking at Gore Swamy Darga on N.H.18, he found 14 bags of rice transporting in Auto bearing No.AP04 T 9771 and seized the stocks and in turn requested the Mandal Revenue Officer to take action and that based on the above requisition, respondent No.3 had proceeded to Narayanapalle village on 10-10-2006 and inspected the fair price shop of smt.Patnam Chandraleela, who is a group leader of Sarojini Self Help Group and that on physical verification of the stocks on ground, there is variation of 2 kgs rice and 3 liters of kerosene oil and that it is a negligence. It is also stated that nearly 89 card holders were verified and enquired about the distribution of essential commodities and that the card holders have stated that they are receiving essential commodities regularly as per the norms of the Government. It is also stated that the auto driver – Garlla Ravi had stated that he brought the rice in Auto from Chinnavangali village of Chagalamarri Mandal of Kurnool District and that he the rice seized by the Station House officer is not related to Narayanapalle village and also stated that the rice was seized under proper panchanama under Section 6-A of the Essential Commodities Act treating it as unclaimed property. It is also stated that prompt and regular action has already been taken on the wlp No.22353/2006 dt.19- 6-2007 and on the resolutions passed by the Mandal Parishad Development Officer, Duvvur Mandal on 2-7- 2007 and resolution by the Village Sarpanch and her representation dated 27-7-2007 and report submitted to the District Collector and Revenue Divisional Officer, Jammalamadugu in Ref.B/200/2006, dated 8-8-2007. 8. The present Fair Price Shop Dealer is not shown as a party to the Writ Petition. But, however, in the light of the specific stand taken in the counter affidavit to the effect that treating it as a special case and in order to avoid law and order problem in Narayanapalle village and in the interest of welfare of the inhabitants, the Tahasildar, Duvvur, had submitted report to the District Collector, Kadapa for considering the bifurcation of Narayanapalle fair price shop of Duvvur Mandal and orders are awaited, let appropriate decision be taken in accordance with the norms and the guidelines governing the field in this regard, at the earliest point of time, preferably within a period of six weeks from the date of receipt of a copy of this order. 9. The Writ Petition is disposed of accordingly. No order as to costs. __________________ Justice P.S.Narayana 25th January, 2008 Note: C.C. in one week (B/o.smr)