1 VS,J WP.No.14195 of 2020 APHC010215352020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14195/2020 Between: 1. SRI M.MAHAMMED SHAMSHUDDIN,, S/O. LATE M.NAZEER AHAMMED AGE 42 YEAR OCC F.P.SHOP DEALER, F.P.SHOP NO.1332001, R/O. GANI VILLAGE, GADIVEMULA MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR CIVIL SUPPLIES, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR C S, GADIVEMULA MANDAL, KURNOOL DISTRICT 4. THE DISTRICT COLLECTOR AND MAGISTRATE CIVIL SUPPLIES, KURNOOL, KURNOOL DISTRICT R4 IS IMPLEADED AS PER THE ORDER OF THIS COURT, DT.01.08.2023 VIDE ORDER PASSED IN I.A1 OF 2023. ...RESPONDENT(S): 2 VS,J WP.No.14195 of 2020 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 action of the 2nd respondent in cancelling the petitioners Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated.15.10.2020, confirming the cancellation order passed by the 2nd respondent, as illegal, arbitrary and unjust and consequently set aside the proceedings of the 2nd respondent vide Roc.No.CS3/116/2020 dated 29.07.2020 and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15.10.2020 and direct the respondents to continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula Mandal, Kurnool District. and to pass Prayer is amended as per the Order of this Court, Dt.01.08.2023, vide order passed in I.A.2 of 2023. IA NO: 1 OF 2020 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 Suspend the proceedings Roc. No. CS3/116/2020, dated 29.07.2020 of the 2nd respondent by supplying the Essential Commodities to the petitioner’s fair price shop dealer to the F.P. Shop No. 1332001 of Gani Village, Gadivemula mnadal, Kurnoll District pending disposal of the above writ petition and pass IA NO: 1 OF 2023 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 permit the petitioner herein to implead the proposed respondent herein as 4th respondent in WP.No.14195 of 2020 as well as in IA.No.1 of 2020, to meet the ends of justice and to pass IA NO: 2 OF 2023 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 permit the petitioner herein to amend the main prayer in 3 VS,J WP.No.14195 of 2020 WP.No.14195 of 2020 as; "declaring the action of the 2nd respondent in cancelling the petitioner's Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15-10-2020, confirming the cancellation order passed by the 2nd respondent, as illegal, arbitrary and unjust and consequently set aside the proceedings of the 2nd respondent vide Roc.No.CS3/116/2020 dated 29-07-2020 and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15-10-2020, and direct the respondents to continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula, mandal, Kurnool District. Instead of "declare the action of the respondents in cancelling the petitioner's Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report, as illegal, arbitrary and unjust and consequently suspend the proceedings vide Roc.No.CS3/116/2020 dated 29-07-2020 of the 2nd respondent by continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula mandal, Kurnool District" And to pass Counsel for the Petitioner: 1. K VISWANATHAM Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 4 VS,J WP.No.14195 of 2020 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue an appropriate writ order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent in cancelling the petitioners Authorization as Fair Price Shop Dealer for Shop No.1332001 of Gani Village of Gadivemula Mandal, Kurnool District basing on the 6A report and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated.15.10.2020, confirming the cancellation order passed by the 2nd respondent, as illegal, arbitrary and unjust and consequently set aside the proceedings of the 2nd respondent vide Roc.No.CS3/116/2020 dated 29.07.2020 and the consequential proceedings of the 4th respondent vide Proc.CS3/112/2020, dated 15.10.2020 and direct the respondents to continuing the petitioner as fair price shop dealer to the F P Shop No 1332001 of Gani Village, Gadivemula Mandal, Kurnool District. and to pass” 2. The petitioner herein was appointed as a permanent fair price shop dealer of shop No.1332001 of Gani village of Gadivemula mandal, Kurnool district in the year 2017 on compassionate grounds and ever since, he has been distributing essential commodities to the cardholders, without there being any complaint from whomsoever concerned. 3. While the matter stood thus, on 07.05.2020, the Deputy Tahsildar (CS), Gadivemula mandal inspected the petitioner’s fair price shop and having found certain variations in the ground stock when compared with the stock 5 VS,J WP.No.14195 of 2020 register, has seized certain quantities of essential commodities including the ePoS machine. Subsequently, the 3rd respondent submitted a report to the 2nd respondent for booking a case under Section 6A of the Essential Commodities Act, 1955. Thereafter, a show cause notice was issued on 03.06.2020 – framing three charges and subsequently, another show cause notice dated 16.07.2020 – framing six charges. The petitioner has submitted his respective explanations to the said show cause notices. Without considering the same and without conducting any enquiry, the 2nd respondent cancelled the petitioner’s authorization vide proceedings in Rc.No.CS3/116/2020, dated 29.07.2020. Challenging the same, the petitioner has filed this writ petition initially. 4. When the writ petition came up for hearing on 10.02.2021, this Court has directed the respondents to supply essential commodities to the petitioner’s fair price shop as an interim measure. 5. Pending the present writ petition, the petitioner has preferred an appeal against the cancellation proceedings dated 29.07.2020, before the 4th respondent in Appeal Petition No.CS3/112/2020. The 4th respondent, having found that the cancellation orders passed by the 2nd respondent are in accordance with the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, did not choose to interfere with the orders passed by the 2nd respondent. Accordingly, the said appeal was 6 VS,J WP.No.14195 of 2020 disposed on 15.10.2020. Thus, the petitioner filed I.A.No.2 of 2023 seeking amendment of the prayer in the present writ petition which was ordered accordingly by this Court on 01.08.2023. Aggrieved by the orders passed by respondent Nos.2 and 4, the petitioner has filed the present writ petition. 6. The 2nd respondent has filed a detailed counter affidavit wherein it is stated that on receipt of disciplinary report from the 3rd respondent, the 2nd respondent issued proceedings dated 16.05.2020 directed the Revenue Divisional Officer to submit a report by conducting enquiry. Accordingly, a show cause notice was issued to the petitioner on 03.06.2020 seeking his explanation and calling for enquiry in the presence of cardholders. The Revenue Divisional Officer has submitted a report to the 2nd respondent stating that the petitioner is not distributing essential commodities to the cardholders diligently and that he has committed irregularities. Basing on the said report, the 2nd respondent issued another show cause notice on 16.07.2020 calling or an explanation from the petitioner and after receipt of the same, the 2nd respondent, by duly following the procedure contemplated under Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, has cancelled the authorization of the petitioner vide proceedings dated 29.07.2020. Hence, requested to dismiss the writ petition. 7. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 7 VS,J WP.No.14195 of 2020 8. Perused the entire material available on record. The facts of the writ petition are not in dispute. Based on a complaint made by the cardholders through Spandana Grievance, the petitioner’s fair price shop was inspected by the inspecting officials and due to discrepancy in the stock, the same was seized. Thereafter, the Revenue Divisional Officer, Nandyal issued a show cause notice to the petitioner on 03.06.2020 wherein it is stated that the 3rd respondent submitted an enquiry report under Section 6A of the Essential Commodities Act, 1955 basing on which, the 4th respondent directed the Revenue Divisional Officer, Nandyal to conduct enquiry against the petitioner by duly framing charges. 9. Clause 20 (i) APSTPDS (Control) Order, 2018 has been upheld by this Court in “Modi Srinivasarao Vs. The State of Andhra Pradesh (W.P.No.500 of 2020 dated 08.01.2020)” and also held that disciplinary proceedings cannot be initiated basing on a report submitted for 6-A proceedings. In the said judgment this Court has specifically held as under: “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 8 VS,J WP.No.14195 of 2020 under law, since it is deviation from Clause 20(i) of Control Order, 2018.” 10. It is evident from the above that the 3rd respondent has submitted his report to the 4th respondent under Section 6A of the Essential Commodities Act, 1955, which admittedly is for disposal of the seized stock. But, a perusal of the entire record would go to show that there is no separate report of the 3rd respondent for initiating disciplinary action against the petitioner herein, which admittedly is impermissible under law, since it is deviation from Clause 20(i) of Control Order, 2018. 11. Admittedly, when the 4th respondent has directed the Revenue Divisional Officer, Nandyal to conduct enquiry against the petitioner basing on the report submitted by the 3rd respondent under Section 6A of the Essential Commodities Act, 1955, which is against Clause 20(i) of Control Order, 2018, substantially, the enquiry conducted by the Revenue Divisional Officer on which reliance was placed by the 2nd respondent in cancelling the authorization of the petitioner vide proceedings dated 29.07.2020 and the order passed by the 4th respondent in the appeal preferred by the petitioner dated 15.10.2020, becomes nullified and inoperative. 12. In view of the above, this writ petition is allowed and the cancellation order passed by the 2nd respondent dated 29.07.2020 and the subsequent order dated 15.10.2020 of the 4th respondent, confirming the order dated 9 VS,J WP.No.14195 of 2020 29.07.2020, are hereby set-aside. It is needless to state that the respondents shall continue the petitioner as fair price shop dealer of shop No.1332001 of Gani village of Gadivemula mandal, Kurnool until and unless, he is found at fault, in any other instance. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date:02.12.2025 Gss