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2014 Supreme(AP) 1462

C.V.NAGARJUNA REDDY
Dubba Ramakrishna Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M. Hemalatha
For Respondents/Defendant: A.G.P.

ORDER

C.V. Nagarjuna Reddy, J.

1. This Writ Petition is filed for a Mandamus to declare the action of the respondents in initiating proceedings under Section 6-Aof the Essential Commodities Act, 1955 (for short 'the Act') based on panchanama conducted on 08.12.2014 and in taking steps to sell the stocks seized from the petitioner's fair price shop, as illegal and arbitrary.

2. Based on an inspection of the petitioner's fair price shop on 08.12.2014 by the Vigilance and Enforcement Inspector, Anantapur along with Mandal Revenue Inspector, Belugappa Mandal and his staff, a report under 6-A of the Act was sent by them to respondent No. 2 against the petitioner.

3. Para-4 of the said report did not refer to the nature of the alleged violations of the provisions of the Act except containing a vague statement that the petitioner has violated the provisions of the Act. A perusal of the panchanama, dated 08.12.2014, shows that a shortage of 1.09 quintals of PDS rice out of 30.48 quintals was found. No other specific irregularities have been pointed out in the panchanama.

4. Under Clause-24 of the Andhra Pradesh State Public Distribution (Control) Order, 2008, variation of 1.5% of the total stoc







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