1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 32870 OF 2018 Between: Nagulaiah, Aged about 47 years, Occ. Fair Price Shop of Shop No. 1029030, Rio. Gollapalli, Harijanawada H/o Devarakonda Village, Chinna Gottigallu Mandal, Chitoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Civil PrTd^ish Secretariat Buildings, Velagapudi, Andhra 2. The District Collector, Chittoor District, Chittoor. Divisional Officer, Madanapalli Revenue Division Madanapalh, Chittoor District. 4. The tahsildar, Chinna Gottigallu Mandal, Chittoor District. W/o^T Chandraiah, Aged about 40 years, Occ. House M ° Devarakonda Village. Chinna Gottigallu Mandal, Chitoor District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may an appropriate Writ, Order or direction more assailing the particularly one in the nature of Writ of Mandamus proceedings in Roc.A3/2799/2018, dated 30-08-2018 issued by the respondent No.3 appointing the respondent No.5 as the temporary Fair Price Shop Dealer in the petitionei^ place during the subsistence petitioner^ appointment as Fair Price Shop Dealer of Shop No. 1029030 of Gollapalli Harijanawada, H/o. Devarakonda Village, Chinna Gottigallu of the % Mandal, Chitoor District as arbitrary, illegal, colorable exercise of power and contrary to the procedure envisaged under the provisions of the A.P ptate F’,ublic Distribution System Control Order, 2008 and well established ' f' .lejaj 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. lA NO: 1 OF 2018 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 respondent No.4 to release the Essential Commodities in my favour in respect of the Fair Price Shop No. 1029030 of Gollapalli Harijanawada, H/o. Devarakonda Village, Chinna Gottigallu Mandal, Chitoor District, pending disposal of the above Writ Petition. lA NO: 2 OF 2018 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 suspend the proceedings in Roc. A3/2799/2018, dated 30-08- 2018 issued by the respondent No.3, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010684302018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] ■l^r^ MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 32870/2018 Between: ...PETITIONER D.Naga Raju AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.VR REDDY KOVVURl Counsel for the Respondent(S): 1 .GP FOR CIVIL SUPPLIES (AP) The Court made the following: ORDER This writ petition under Article 226 of Constitution of India is filed for the following relief: “ to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus assailing the proceedings in Roc.A3/2799/2018, dated 30.08.2018 issued by the respondent No.3 appointing the respondent No.5 as the lii' BSB,J ; W.P.No.32870 of 2018 temporary fair price shop dealer in the petitioner's place during the subsistence of the petitioner's appointment as fair price shop dealer of shop no.1029030 of Gollapalli, Harijanawada H/o Devarakonda Village. Chinna Gottigallu Mandal, Chitoor illegal, colorable exercise of power and District as arbitrary contrary to the procedure envisaged under the provisions of the A.P.State Public Distribution System (Control) Order, 2008 and established legal principles apart from being violative of the fundamental rights guaranteed under Articles 14, 19 and 21 of of India and consequently set aside the same well the Constitution and pass and pass such order or orders.... Heard Sri D.Dorababu, learned counsel representing the and the learned Assistant 02. learned counsel for the petitioner Government Pleader for the respondents No.1 to 4. The petitioner was appointed as a permanent dealer of fair price shop No.1029030 of Devarakonda village, 23.06.2007 by the 3^'^ respondent. 03. Gollapalli Harijanawada, hamlet of Chinnagottigallu Mandal, Chittoor District on contends that without following due procedure under section 6A of the Essential ‘the Act, 1955’) the 3'"' respondent ROC.A3/2799/2018 dated a dealer for the same The petitioner 04. of law, merely based on report Commodities Act, 1955, (in short issued the impugned proceedings in 30.08.2018 appointing the 5'*^ respondent as shop on temporary basis pending disposal of the case filed against the permanent dealer under section 6A. counsel for the petitioner submitted that so far no 1955 had been issued to the dealership of the writ petitioner has been 05. The learned notice under section 6B of the Act dealer and that the 4; 3 BSB,J W.P.No.32870 of 2018 continued in view of the interim order dated 12.09.2018 in I.A.No.02 of 2018. Notice was sent to the 5*'^ respondent. 06. 07. No counter has been filed by the official respondents. The learned Assistant Government Pleader submitted that he had written instructions. no 08. In the impugned order, it was mentioned that due to registration of a case under section 6A of the Act, 1955 against the writ petitioner by the Inspector of Police, Vigilance & Enforcement, Tirupathi who had found variation of the stock of rice and sugar, a vacancy of the dealer of that shop had arisen and the 5"^ respondent was as the dealer on temporary basis. The impugned order does not reflect order suspending or cancelling the dealership of the writ petitioner. Therefore, the impugned order is ex-facie illegal and is liable to be set aside. Moreover, no order of suspension of the authorization can be passed based on report under section 6A as held by this Court in W.P.No.500 of 2020 dated 08.01.2020. any It reads as follows in paragraph No.9 and 10: “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. In the written instructions placed on record by learned Assistant Government Pleader for Civil Supplies, he submitted that Tahsildar, Santhabommali has also submitted another report BSB, J*- W.P.No.32870 of2018 under Clause 20(i) of Control Order, 2018 Collector, Srikakulam District, requesting to initiate necessary disciplinary action against Fair Price Shop dealer for irregularities committed by him in distribution of stock to card holders. But this fact was not reflected in the order impugned in the writ petition. On the contrary, it indicates that based referred in the subject of order, the impugned order is passed. Copy of report is also not placed on record by learned Assistant Government Pleader for Civil Supplies to support his contention that a separate report is submitted as required under sub clause (i) of Clause 20 of Control Order, 2018. The order impugned in the writ petition refers only one report submitted by Tahsildar, Santhabommali. Respondents cannot substitute before Joint the on report with another report in the place of earlier report, by submitting written instructions. The alleged second report under Clause 20(i) of Control Order, 2018 is not referred in the order impugned in the writ petition. Therefore, it is difficult to accept the contention of learned Assistant Government Pleader for Civil Supplies that proceedings were initiated, based on another report submitted under Clause 20(i) of Control Order, 2018 as copy of it is not placed on record, except written instructions. Hence, I find that passing order, based on the report filed by Tahsildar, Santhabommali for initiation of proceedings under Section 6A of E.C.Act as well as initiation of disciplinary action against the petitioner, without filing a separate report as required under Clause 20(i) of Control Order, 2018 is a serious illegality and contrary to 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 % 5 BSB,J W.P.No.32870 of2018 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.” 09. Accordingly, the writ petition is disposed of setting aside the order dated 12.09.2018 in I.A.No.02 of 2018. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. assistant section officer //TRUE COPY// To 1 The its Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Andhra Pradesh. 2. The District Collector, Chittoor District, Chittoor. 3. The Revenue Divisional Officer, Madanapalli Revenue Division, Madanapalli, Chittoor District. 4. The Tahsildar, Chinna Gottigallu Mandal, Chittoor District. 5. One CC to Sri V R Reddy Kovvuri, Advocate [OPUC] 6. Two CCS to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED: 17/02/2025 ORDER WP.No.32870 of 2018 S’ * 0 5 MAR ?n?5 mi 09 ^ . Current oecuon . DISPOSING OF THE WP WITHOUT COSTS