APHC010361042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDA, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18379 OF 2025 Between: Smt. Nagabattula Vijaya Shanthi, W/o David Raj Aged about 44 Years, Occ; F.P.Shop No.0441004, R/o. 9-107, Ambedkar Street, Dr.B.R.Ambedkar F.P shop Dealer, Valluru Village, Konaseema District. Kapileswarapuram Mandalam, ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary To Government, Civil Supplies Department at Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 3. The Joint Collector, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 4. The Dr.B.R.Ambedkar Konaseema District. 5. The Tahsildar, Kapileswarapuram Mandal Konaseema District. . Ramachandrapuram Officer, Divisional Revenue Dr.B.R.Ambedkar ...Respondents Petition under Article 226 of the Constitution of India is filed 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 to declare the action of the 4^^ respondent in issuing Proceedings Vide Ref. dated 23.06.2025, suspending the authorization of the B4/967/2025, petitioners Fair Price Shop for the Shop No. 0441004, Valluru Village Kapileswarapuram Mandalam, Dr. B.R. Ambedkar Konaseema District, illegal and arbitrary, violation of principles of natural Justice and as contrary to the Provisions of the Essential Commodities Act and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting- aside the same and consequently direct the respondents nos. 2 to 5 to release the Essential Commodities to the petitioner for the Shop No. 0441004, Valluru Village, Kapileswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 supply the essential commodities petitioner’s F.P. Shop No. 0441004, Valluru Village Mandalam, Dr.B.R.Ambedkar Konaseema District, Petitioner’s F.P. Shop authorization, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAJU GUBBALA Counsel for the Respondent No’s. 1 to 5: GP FOR CIVIL SUPPLIES The Court made the following order: to the Kapileswarapuram by continuing the APHC010361042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18379 of 2025 Between; 1.NAGABATTULA VIJAYA SHANTHI, W/0 DAVID RAJ AGED ABOUT 44 YEARS, OCC F.P SHOP DEALER, F.P.SHOP NO.0441004, R/0. 9-107, AMBEDKAR STREET, VALLURU KAPILESWARAPURAM MANDALAM, VILLAGE, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMADISTRICT, AMALAPURAM. 3.THE JOINT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. OFFICER, RAMACHANDRAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5.THE TAHSILDAR, KAPILESWARAPURAM MANUAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. . DIVISIONAL REVENUE 4.THE 2 TCOS.l W.P.No.18379 of 2025 ...RESPONDENT{S); 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 topleased to issue a Writ of mandamus or any other appropriate writ order to declare the action of the 4th respondent in issuing Proceedings Vide Ref. B4/967/2025, dated 23.06.2025, suspending the authorization of the petitioners Fair Price Shop for the Shop No. 0441004, Valluru Village, Kapileswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, as illegal and arbitrary, violation of principles of natural Justice and contrary to the Provisions of the Essential Commodities Act and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside the same and consequently direct the respondents nos. 2 to 5 to release the Essential Commodities to the petitioner for the Shop No. 0441004,Valluru Village, Kapileswarapuram Mandalam, Dr.B.R.Ambedkar Konaseema District, and pass S lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to supply the essential commodities to the petitioner’s F.P. Shop No. 0441004,Valluru Dr.B.R.Ambedkar Konaseema District, by continuing the Petitioner’s F.P. Shop authorization, pending disposal of the writ petition and to pass Counsel for the Petitioner: praying that in the Village Kapileswarapuram Mandalam, 1.RAJUGUBBALA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 TCDSJ W.P.No.l8379of2025 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18379 of 2025 ORDER: The petitioner is fair price shop dealer of shop No.0441004 of Valluru village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District. 2. It is the case of the petitioner that she has been distributing the essential commodities to the card holders without there being any complaint from any corner. On 12.06.2025, The Deputy Tahsildar inspected the fair price shop of the petitioner and found certain variations. In pursuance of the same without drawing any panchanama and without furnishing report, a show cause notice dated 13.06.2025 was issued by the 4**^ respondent to the petitioner asking her to submit explanation within two days as to why her authorization shall not be cancelled. It is the specific case of the petitioner that the show cause notice, was issued based on Section 6A report dated 12.06.2025 submitted by the Deputy Tahsildar, Civil Supplies. Though it is stated in the show cause notice dated 13.06.2025 that the petitioner has violated the Control Orders, 2018 the said opinion was found based on the report of the Deputy 4 TCDSJ W.P.No.lS379of2025 Tahsildar, which submitted for taking action against the petitioner under Section 6A of the Essential Commodities Act. It is the further case of the petitioner that she has submitted explanation dated 23.06.2025 to the said show cause notice whereunder she has denied the allegations leveled against her in the said show cause notice. Thereafter, the 4'^ respondent by impugned order dated 23.06.2025 suspended the authorization of the petitioner pending enquiry. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Perused the material available on record. The counsel for the petitioner would submit that as per clause 20(i) of Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, it is incumbent for the respondents to submit a report for initiating action under Section 6A of Essential Commodities Act, 1955. Apart from the same, if the respondents intend to initiate disciplinary action against the petitioner/dealer they have to submit a separate report. It is specifically pleaded by the learned counsel for the petitioner that the show cause notice dated 13.06.2025, issued based on report dated 12.06.2025 issued by the Deputy Tahsildar, Civil Supplies for initiating action under Section 6A of 4. was IT" rcDSj W.P.No.l8379of2025 Essential Commodities Act. He would further submit that clause 20(i) of Control Order, 2018 as per a separate report has to be sent for initiating disciplinary proceedings against the petitioner. Court is in agreement with the contention of the petitioner and the This same is evident on perusal of the show cause notice as well as impugned order, it is clear that the same was initiated against the petitioner based on a report submitted under Section 6A of Essential Commodities Act. In view of the same, the 4**^ respondent did not adhere to the procedure contemplated under clause 20(i) of Control Order, 2018, while initiating disciplinary proceedings against the petitioner. Further, this Court in W.P.No.500 of 2022, reiterated the same while allowing the said writ petition on the ground that no separate report was submitted for initiating disciplinary action. For the reasons recorded supra, the order impugned in the present writ petition does not stand for judicial scrutiny and accordingly the is set aside. same 5. For the foregoing reasons, the impugned order dated 23.06.2025 is set aside and the writ petition is allowed. It is needless to mention if the respondent authorities want to initiate any action against the petitioner, they are at liberty to do so in accordance with law. There shall be no order as to costs. 6 TCDSJ W.P.No.l8379of2025 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 To Government Civil Supplies Department at Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 3. The Joint Collector, Dr.B.R.Ambedkar Konaseema District, Amalapuram. 4. The Revenue Divisional Dr.B.R.Ambedkar Konaseema District. 5. The Tahsildar Konaseema District. . 6. One CC to SRI. RAJU GUBBALA, Advocate [OPUC] 7. Two CCS to GP FOR CIVIL SUPPLIES [OUT] 8. Three CD Copies Officer, Ramachandrapuram, Kapileswarapuram Mandal, Dr.B.R.Ambedkar High Court of Andhra Pradesh PRK HIGH COURT DATED:21/07/2025 ORDER WP NO. 18379 OF 2025 *r 01 AUG 2025 ^SXurrent Sectio;ix^ o -Co ALLOWING THE W.P. WITHOUT COSTS