Order:

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

2. The Writ Petition is filed questioning the action of the respondents in not supplying the essential commodities to the petitioner’s Fair Price Shop No.1045028 of Melapattu Village, Nagiri Mandal, Chittoor District, without suspending or cancelling his authorization, as arbitrary and illegal.

3. The case of the petitioner is that he was appointed as Fair Price Shop Dealer to the subject shop and the respondents have stopped the supply of essential commodities from the month of June, 2019 without assigning any reasons at the instance of the local ruling party leaders. They cannot stop supply of essential commodities without suspending or cancelling the authorization. Hence, the Writ Petition.

4. When the Writ Petition came up for admission on 02.07.2021, an interim order was granted directing the respondents to supply essential commodities to the petitioner in respect of subject shop.

5. Counter affidavit is filed by the 2nd respondent stating inter alia that the petitioner resigned as Fair Price Shop Dealer in the month of July, 2019 and he also gave a written statement on 09.07.2019 stating that he is suffering from ill-health and hence, he is resigning as Fair Price Shop Dealer for the subject shop. One Smt. Murugamma, DWACRA Leader, Kanchana Self Help Group of Melapattu Dalitha Wada, was appointed as Fair Price Shop Dealer, in the place of the petitioner. A report along with original resignation and statement of the petitioner was submitted to the Joint Collector and the Joint Collector, after examining the report of the Tahsildar, accepted the resignation of the petitioner and appointed one M. Murugamma, on temporary basis on 22.07.1999. The Writ Petitioner is aware of all these facts and by suppressing the said facts, the present Writ Petition is filed.

6. Counter affidavit is filed by the respondents on 27.07.2021. No reply affidavit is filed disputing the contents of the counter affidavit.

7. Copy of the resignation letter filed by the petitioner on 07.05.2019 and the Statement said to have been made by the petitioner are also enclosed to the counter affidavit. The report sent with regard to resignation is also enclosed. The proceedings of the Joint Collector i.e., 2nd respondent, appointing the said M. Murugamma, as Fair Price Shop Dealer to the subject shop is also enclosed to the counter affidavit. The fact that the petitioner has resigned as Fair Price Shop Dealer is also reflected from the proceedings of the Joint Collector, Chittoor, dated 22.07.2019, wherein the said M. Murugamma, is appointed as a temporary Fair Price Shop Dealer to the subject shop. Alternative arrangement has been made with regard to the subject shop by appointing M. Murugamma, as temporary Fair Price Shop Dealer. The said proceedings also speak about the resignation of the petitioner. However, the fact of appointment of some other person as Fair Price Shop Dealer to the subject shop was suppressed in the Writ Petition even though the Writ Petition was filed on 31.03.2021. Alternative arrangement was made to the subject shop on 22.07.2019. Hence, the contention of the petitioner that his authorization is neither suspended nor cancelled and hence, the petitioner is entitled to supply of essential commodities, cannot be accepted for the simple reason that the petitioner has resigned as Fair Price Shop Dealer for the subject shop. When the petitioner himself has resigned as Dealer to the subject shop, there is no question of again suspending or cancelling the authorization.

8. Learned counsel for the petitioner submits that the counter affidavit does not deal with the aspect as to whether resignation is accepted or not. As that is not the subject matter of this Writ Petition, this Court is not inclined to go into that matter.

9. In view of the facts and circumstances of the case, the petitioner is not entitled to supply of essential commodi