APHC010469292025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24935/2025 Between: 1. BALA SAI SELF HELP GROUP OF PUTLAMPALLI VILLAGE,, KADAPA MANDAL, Y.S.R. DISTRICT REP., BY ITS 1ST LEADER, K.B.BALA SIVAMMA, W/O OBULESU, AGED ABOUT 37 YEARS, OCC- FAIR PRICE SHOP DEALER, R/O.D.NO.86 SIVANANDAPURAM, H/O. PUTLAMPALLI AND MANDAL, Y.S.R. DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, KADAPA, 3. THE JOINT COLLECTOR, , KADAPA, Y.S.R.DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION, KADAPA. Y.S.R DISTRICT. 5. THE TAHSILDAR, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. 6. THE DEPUTY TAHSILDAR, CIVIL MANDAL, Y.S.R.DISTRICT. 7. THE MANDAL REVENUE INSPECTOR, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24935/2025 BALA SAI SELF HELP GROUP OF PUTLAMPALLI VILLAGE,, KADAPA MANDAL, Y.S.R. DISTRICT REP., BY ITS 1ST LEADER, K.B.BALA SIVAMMA, W/O OBULESU, AGED ABOUT 37 YEARS, FAIR PRICE SHOP DEALER, R/O.D.NO.86 SIVANANDAPURAM, H/O. PUTLAMPALLI VILLAGE, KADAPA TOWN AND MANDAL, Y.S.R. DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH THE DISTRICT COLLECTOR, KADAPA, Y.S.R.DISTRICT. THE JOINT COLLECTOR, , KADAPA, Y.S.R.DISTRICT. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION, KADAPA. Y.S.R DISTRICT. THE TAHSILDAR, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. THE MANDAL REVENUE INSPECTOR, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] SIXTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA BALA SAI SELF HELP GROUP OF PUTLAMPALLI VILLAGE,, KADAPA MANDAL, Y.S.R. DISTRICT REP., BY ITS 1ST LEADER, K.B.BALA SIVAMMA, W/O OBULESU, AGED ABOUT 37 YEARS, FAIR PRICE SHOP DEALER, R/O.D.NO.86-161-1, VILLAGE, KADAPA TOWN ...PETITIONER THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT Y.S.R.DISTRICT. THE JOINT COLLECTOR, , KADAPA, Y.S.R.DISTRICT. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE THE TAHSILDAR, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. SUPPLIES, KADAPA TOWN AND THE MANDAL REVENUE INSPECTOR, KADAPA TOWN AND 2 VS,J W.P.No.24935 of 2025 8. THE VILLAGE REVENUE OFFICER, KADAPA TOWN AND MANDAL, Y.S.R.DISTRICT. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref No.F/744/2025, dated 19.07.2025 issued by the respondent No.4 suspending our Fair Price Shop authorization of Fair price shop No.124, Sivanandapuram, H/o. Putlampalli Village, Kadapa Town and Mandal, Y.S.R.District , as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently setaside the same and pass IA 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 pleased to direct the respondent No.4 & 5 to restore the supply of essential commodities to the fair price shop No. 124, Sivanandapuram, H/o. Putlampalli Village, Kadapa Mandal, Y.S.R District, infavour of the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.24935 of 2025 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref.No.F/744/2025, dated 19.07.2025 issued by the respondent No.4 suspending our Fair Price Shop authorization of Fair price shop No.124 Sivanandapuram, H/o. Putlampalli Village, Kadapa Town and Mandal, Y.S.R.District, as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set-aside the same and to pass such other order or orders ….” 2. The petitioner being the head of Bala Sai Self Help Group, has submitted a representation on 15.07.2013, requesting to appoint her as a fair price shop dealer on temporary basis to the newly bifurcated shop No.124. But, however, vide proceedings dated 04.01.2014, the 2nd respondent informed the petitioner that it is not possible to appoint temporary fair price shop dealer for newly bifurcated shop and vacancy should be filed up only by way of a notification. However, as per the oral instructions of the 3rd respondent, for the convenience of the cardholders, a self help group would be appointed as temporary fair price shop dealer to the newly bifurcated fair price shop No.124 and accordingly, the petitioner was appointed a temporary dealer for fair price shop No.124. Since the date of appointment, the petitioner has been distributing the essential commodities to the cardholders without there being any complaints from any corner. The petitioner has submitted a representation on 04.07.2024, requesting the respondents to appoint her as a 4 VS,J W.P.No.24935 of 2025 permanent fair price shop dealer for shop No.124, as the petitioner stood meritorious in pursuance of the notification issued by the respondents. 3. While the matter being so, on 05.07.2025, at about 11:30 A.M., the petitioner’s shop was inspected by the Enforcement Deputy Tahsildar, Kadapa, the Mandal Revenue Insepctor, Kadapa and the Village Revenue Officer, Kadapa, and have found certain variations on ground and thereafter, have seized the stocks, as per the stock register receipt generated from e-PoS device and handed over the same for safe custody to the Village Revenue Assistant. Thereafter, a report has been submitted by the Tahsildar on 08.07.2025 to the 4th respondent herein. 4. The grievance of the petitioner in the present writ petition is that the 4th respondent have straightaway suspended the petitioner’s authorization, pending enquiry vide impugned proceedings dated 19.07.2025 without even issuing any show cause notice, calling for explanation, but, however, solely basing on the report of the Tahsildar dated 08.07.2025 submitted under Section 6-A of Essential Commodities Act, 1955, which is in violation of principles of natural justice. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 6. On a perusal of the impugned proceedings dated 19.07.2025, it is an admitted fact that, no show cause notice has been issued to the petitioner, calling for explanation on the variations found during the time of inspection on 5 VS,J W.P.No.24935 of 2025 05.07.2025. But, however, solely basing on the report submitted by the Tahsildar, Kadapa, dated 08.07.2025 under Section 6-A of Essential Commodities Act, 1955, without there being another report for initiating disciplinary action, the petitioner’s authorization was suspended, pending enquiry. 7. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the common order, dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. The relevant portion of the said order, reads as under: 9. …When Clause 20(i) of Control Order, 2018 specified that a separate report is required to be filed by inspecting officer for initiation of disciplinary action against petitioner, in the absence of any such separate report, as contemplated under Section 20(i) of Control Order, 2018, passing order based on report under Section 6-A of E.C Act is impermissible under law, since it is deviation from Clause 20(i) of Control Order, 2018. 10. As per Clause ‘q’ of Circular Memo issued by Commissioner, Civil Supplies in No.21/100/2015-AD.1 PP&CCS dated 28.09.2015, proceedings under Section 6-A of E.C Act are separate, as it empowers to decide as to whether the seized commodities are liable for confiscation or otherwise and no order of suspension/cancellation of authorization to be issued, based on report. In view of memo and requirement under Clause 20(i) of Control Order, 2018, in the absence of any separate report for initiation of disciplinary action against the dealer, the order passed by second respondent cannot be sustained, consequently the same is liable to be set aside, declaring the same as illegal and contrary to Clause 20 (i) of Control Order, 2018. 6 VS,J W.P.No.24935 of 2025 11. In the result, the writ petition is allowed, setting aside proceedings in SR.No.130/2019-S5, dated 23-12-2019, passed by second respondent, suspending the authorization of petitioner, declaring the same as illegal and contrary to Clause 20(i) of Control Order. There shall be no order as to costs. 8. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also allowed, in terms of the order dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 and the impugned proceedings of the 4th respondent dated 19.07.2025 are set-aside. The respondents are directed to restore the petitioner’s authorization, as expeditiously as possible, preferably, within a period of two (2) months from the date of receipt of a copy of this order, following due procedure as contemplated under the Act. 9. Registry is directed to attach the copy of the order, dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 to this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 16.09.2025 MDP