Respondents directed to issue a stock allotment order to a fair price dealer whose authorization was not suspended despite seizure of essential commodities, treating the writ petition as allowed.
Respondent No.3 directed to issue stock allotment order; writ petition allowed.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.39415 of 2014
Dated 2 9 th December, 2014
Between:
Sri Neelamsetti Srinivas Rao
…Petitioner
And
The State of A.P., rep.by its Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat Buildings, Hyderabad and others
…Respondents
Counsel for the petitioner: Sri V.Sudhakar Reddy
Counsel for the respondents: AGP for Civil Supplies (AP)
The Court made the following:
ORDER:
This writ petition is filed with the grievance that following inspection and seizure of the essential commodities from the petitioner’s fair price shop of Navanambadu II Depot, Srikakulam Mandal and District, respondent Nos.2 and 3 have not been releasing the stocks for distribution.
Though the case was adjourned to enable the learned Assistant Government Pleader for Civil Supplies (AP) to obtain instructions, no instructions have been reported.
From the averments contained in the affidavit filed in support of the writ petition, it appears that no order suspending the petitioner’s authorisation has been passed following seizure of the essential commodities from his shop. So long as the petitioner’s authorisation remains in force, the respondents are bound to allot essential commodities to the petitioner.
In this view of the matter, respondent No.3 is directed to issue
stock allotment order to the petitioner and after receipt of demand draft from the petitioner, he shall allot essential commodities for distribution.
Subject to the above direction, the writ petition is allowed.
As a sequel to disposal of the writ petition, W.P.M.P.No.49438 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
29th December, 2014 VGB
1 issue framed by the court
Whether the respondent is bound to release essential commodities to a fair price shop whose authorisation remains in force after seizure of stocks due to inspection.
Sri Neelamsetti Srinivas Rao
State of A.P. rep.by its Secretary, Food, Civil Supplies & Consumer Affairs Department, and others
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
