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Andhra Pradesh High Court - Amravati

K.Divya Vani vs The State Of Andhra Pradesh, on 23 September, 2019

Author: G. Shyam Prasad

Bench: G. Shyam Prasad

            HON'BLE SRI JUSTICE G. SHYAM PRASAD

              WRIT PETITION NO. 14130 of 2019

ORDER:

, This is a Writ of Mandamus filed for declaring the action of Respondent No.3 in not allotting the essential commodities to the Fair Price Shop of the Petitioner bearing No.1258032 situated at Bindu Nagar, Parigi Mandal, Anantapur District, as illegal and arbitrary.

02. Heard Learned counsel for the petitioner and the learned Government Pleader for Civil Supplies.

03. Learned counsel for the petitioner submits that there is neither suspension nor cancellation of the authorization of the petitioner and no show cause notice has been issued by the respondent authorities.

04. Learned Government Pleader for Civil Supplies submits that the petitioner has got an alternative remedy of preferring an appeal before the competent authority, and therefore, he has to go to appeal before the Appellant Authority.

05. Admittedly, there is neither suspension nor cancellation of authorization of the petitioner's Fair Price Shop, and therefore, there is no order for the petitioner to go before the Appellate Court, which is a grave violation in this Case. Therefore, the respondent authorities are directed to supply the essential commodities to the Fair Price Shop of the Petitioner, if the petitioner is eligible to receive the same. Needless to emphasize, the respondent authorities have the right to take suitable action by following due process of law against the irregularities, if any, committed by the Petitioner.

06. With these observations, the Writ Petition is disposed of. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_______________ G. SHYAM PRASAD, J Dt. 23--09--2019 eha HONOURABLE SRI JUSTICE G. SHYAM PRASAD W.P. No. 14130 of 2019 Dt. 23-09-2019 eha