APHC010299172025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JU TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15230 OF 2025 Between: Sri B.Munisekhar, S/o Munikrishnaiah, aged about 45 years, Fair Price Shop Dealer Shop No.1016011, Chinnayagunta Village, B.N.Kandriga Mandal, Tirupathi District. ...Petitioner AND 1. The State of Andhra Pradesh, rept., by its Principal Secretary, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, Tirupathi, Tirupathi District. 3. The Joint Collector (CS), Tirupathi District, 4. The Revenue Divisional Officer, Sullurpeta, Tirupathi District. 5. The Tahsildar, B.N Kandriga Mandal, B.N. Kandriga Tirupathi District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the order passed by the Revenue Divisional Officer Sullurpeta, Tirupathi District, the 4th Respondent herein, in Rc.B1/533/2025 Dt. 12.05.2025 wherein kept under suspension of the petitioners w ft authorization, until finalization of pending 6A case without issuing any notice or opportunity, without conducting any enquiry, as illegal arbitrary, without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018, and set aside the same and further direct the respondents to continue petitioner as fair price shop dealer in Shop No. 1016011, of Chinnayagunta village, B.N.Kandriga Mandal, Tirupathi District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to allow the petitioner to distribute the same through MDU Operator to the respective card holders under Public Distribution System, in Shop No. 1016011, of Chinnayagunta village Mandal, Tirupathi District, by suspending the operation of the order passed by the Revenue Divisional Officer, Sullurpeta, Tirupathi District respondent, proceedings in disposal of the above writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: the B.N.Kandriga the 4th Rc.BI/533/2025, Dt. 12.05.2025, pending APHC010299172Q25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15230/2025 Between: 1.SRI B.MUNISEKHAR,, S/0 MUNIKRISHNAIAH AGED ABOUT 45 YEARS, FAIR PRICE SHOP DEALER SHOP NO.1016011, CHINNAYAGUNTA VILLAGE, B.N.KANDRIGA MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY, FOOD AND DEPARTMENT AMARAVATHI, GUNTUR DISTRICT, A.P. REPT., BY ITS CIVIL SUPPLIES VELAGAPUDI, SECRETARIAT, 2.THE DISTRICT COLLECTOR, TIRUPATHI TIRUPATHI DISTRICT. 3.THE JOINT COILECTOR CS, TIRUPATHI DISTRICT, 4.THE REVENUE DIVISIONAL OFFICER, SULLURPETA, TIRUPATHI DISTRICT. 5.THE TAHSILDAR, B.N KANDRIGA MANDAL, B.N. KANDRIGA TIRUPATHI DISTRICT. ...RESPONDENT{S): 2 TCDSJ W.P.No.l5230of2025 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the order passed by the Revenue Divisional Officer, Sullurpeta, Tirupathi District, the 4th Respondent herein, in Rc.B1/533/2025, Dt. 12.05.2025, wherein kept under suspension of the petitioners authorization, until finalization of pending opportunity, without conducting without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of A.P State Targeted Public Distribution System (Control) Order, 2018, and set aside the same and further direct the respondents to continue the petitioner as fair price shop dealer in Shop No.1016011 Chinnayagunta village, B.N.Kandriga Mandal, Tirupathi District and pass lA NO: 1 OF 2025 6A case without issuing any notice or any enquiry, as illegal arbitrary. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to allow the petitioner to distribute the same through MDU Operator to the respective card holders under Public Distribution System, in Shop No. 1016011, of Chinnayagunta village, B.N.Kandriga Mandal, Tirupathi District, by suspending the operation of the order passed by the Revenue Divisional Officer, Sullurpeta, Tirupathi District, the 4AA respondent, proceedings in Rc.BI/533/202, Dt. 12.05.2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES W- A.; 3 TCDSJ W.P.No.l5230of2025 The Court made the following order: The petitioner is the permanent dealer of Fair Price Shop No.1016011 of Chinnayagunta Village, B.N.Kandriga Mandal Tirupati District, having been appointed by virtue of proceedings in ROC No.C/1217/2002, dated 17.05.2002 by the respondent. It is the case of the petitioner that he has been distributing essential commodities to the cardholders with utmost satisfaction of the respondents. The authorization of the petitioner was subsisting till 31.03.2025, and the petitioner submitted application dated 21.03.2025 for renewal by paying requisite fee. It is further case of the petitioner that the Mandal Revenue Inspector and Village Revenue Officer have conducted inspection on 15.04.2025 in the petitioner’s Fair Price Shop and found variations in stock. Thereafter, a report dated 21.04.2025 was sent to initiate action under Section 6A of the Essential Commodities Act, 1955, to the 4 2. th respondent. Based on the said report, a show-cause notice dated 01.05.2025 was issued to the petitioner, calling for explanation as to why his authorization shall not be cancelled. The petitioner claims that he has submitted explanation dated 09.05.2025 to the 4 respondent, denying the allegations leveled against him. It is further case of the petitioner that, without considering the said explanation. th '•5, • 4 TCDSJ W.P.No.l5230of2025 by impugned order dated 12.05.2025, the authorization of the petitioner was suspended pending enquiry under Section 6A of the Essential Commodities Act, 1955. Questioning the said suspension order dated 12.05.2025, the present writ petition is filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies. Perused the material on record. Learned counsel for the petitioner would contend that the show-cause notice as well as the impugned order dated 12.05.2025 are liable to be set aside inasmuch as the 4^'^ respondent did not follow the procedure contemplated under Clause 20(i) of A.P. State Targeted Public Distribution System (Control) Order, 2018. While elaborating the submissions, the learned counsel for the petitioner would further contend that as per the said clause, the inspecting authorities, as and when found contravention of the provisions of the Control Orders, 2018, shall submit a necessary inspection report for initiation of disciplinary action under Clause 20(i) of the Control Order 2018. He would further submit that in case of 4. seizure of scheduled commodities for any violation or contravention of the provisions of the said order, a report of seizure shall be submitted to the Collector/Joint-Collector, as the case may be, for 5 TCDSJ W.P.No.l5230of2025 >* initiating the action under Section 6A(1) of the Essential Commodities Act, 1955. Simultaneously, a separate report shall be sent to the appointing authority for initiation of disciplinary proceedings against the errant dealer under the provisions of Clause 20(i) of the Control Order 2018. He would further submit that, a perusal of the show- cause notice dated 01.05.2025 and also the impugned order dated 12.05.2025, it is apparent on the facp of the record that the 4 respondent initiated action against the petitioner based on the report dated 21.04.2025 furnished for initiating action against the petitioner th under Section 6A of the Essential Commodities Act, 1955, and prayed to allow the writ petition by setting aside the same. On the other hand, learned Assistant Government Pleader for Civil Supplies would not dispute the legal position and he fairly submits that there is no separate report has been submitted by the inspecting officers, to initiate disciplinary action against the 5. petitioner. Admittedly, the inspecting officers have not submitted a separate report as contemplated under Clause 20(i) of the Control Orders, 2018 in the case on hand. Further, on perusal of the show- 6. cause notice and the impugned order, it is clear that action has been initiated against the petitioner based on the report dated 21.04.2025 6 - '%*i TCDS,J W.P.No.l5230of2025 furnished under Section 6A of the Essential Commodities Act, 1955, while seizing the scheduled commodities. As rightly pointed out by the learned counsel for the petitioner, there is no separate report submitted by the inspecting authorities in the case on hand, for initiating disciplinary action. In the absence of the said report, the impugned order is liable to be set aside and accordingly, the show- cause notice dated 01.05.2025 and the impugned order dated 12.05.2025 are hereby set aside. Accordingly, the Writ Petition is allowed setting aside the impugned order dated 12.05.2025 passed by the 4'^ respondent. This order will not preclude the authorities from proceeding against the petitioner in accordance with law. There shall be no order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary Food and Civil Supplies Department Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Tirupathi, Tirupathi District. 3. The Joint Collector (CS), Tirupathi District, A.P. 4. The Revenue Divisional Officer, Sullurpeta, Tirupathi District. 5. The Tahsildar, B.N Kandriga Mandal B.N. Kandriga Tirupathi District. 6. One CC to Sri Gnaneswara Rao Mittireddi, Advocate [OPUC] 7. Two CCS to GP for Civil Supplies, High Court of Andhra 8. Two CD Copies Pradesh [OUT] TF 1 ivV' I; t V A* HIGH COURT DATED:23/07/2025 ORDER WP NO. 15230 OF 2025 S& &\ =cf 0 Ii AUG 2025 rn] Co ' CP ^VciEwtSwSsil-^ ALLOWING THE W.P. WITHOUT COSTS