G ARUNAKAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed for a Mandamus to declare the inaction of the respondents in restoring the petitioners authorization in respect of fair price shop No.23, Ramaraopet, Kakinada, East Godavari District, following the order dated 01.09.2014 of respondent No.3 passed under Section 6 -A of the Essential Commodities Act, 1955 (for short the Act).

(2.) I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.

(3.) THE petitioner is a fair price shop dealer in Kakinada Urban. Following an inspection conducted by the officials of the Civil Supplies Department on 06.07.2012, proceedings under Section 6 -A of the Act were initiated by respondent No.3. Simultaneously, respondent No.4, who is the licensing authority, issued show -cause notice in Ref.G/2254/2012 dated 13.07.2012, wherein the petitioner was directed to explain as to why his authorization should not be cancelled on the lapses allegedly detected during the inspection made on 06.07.2012. By a separate order passed on the same day, respondent No.4 has suspended the petitioners authorization pending enquiry into the allegations. The proceedings under Section 6 -A of the Act ended in respondent No.3 passing an order on 01.09.2014, whereby he has found that there was a shortfall in the rice stock to the extent of 45 kgs. compared to the book stock and that as the same is in excess of the permissible variation of 1.5%, he has ordered confiscation of 0.5% of seized stock value. The petitioner, having accepted the said order, is stated to have paid the cost of the stock which was ordered to be confiscated. Subsequently, the petitioner made a representation to respondent No.4 for restoring his authorization. As no decision has been taken thereon, he has filed the present writ petition.