' -J .. m PHC010520402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) # ! 'i.v ( > P: M <\ FRIDAY.THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26728 OF 2025 Between: Smt. Yadavakunta Suhasini @ B. Suhasini,, W/o. Babul Reddy Aged 44years, Occ F.P.Shop Dealer of Shop.No. 1122007, R/o.D.No.1-86, Bhadrampalli Village, Thondur Mandal, YSR Kadapa District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Civil Supplies Department, Secretariat Buildings, At Velagapudi,Amaravathi, Andhra Pradesh 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Thondur Mandal, YSR Kadapa 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Ref.No.1/1121/2025 dated 17.09.2025 by suspending the authorization of the petitioner as fair price shop dealpr of F.P Shop No. 1122007, Bhadrampalli Village, Thondur Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same a^further direct the respondents to continue the petitioner to hold F.P Shop No. 1122007, Bhadrampalli Village, Thondur Mandal YSR Kadapa 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 continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s fair F.P Shop No. 1122007, Bhadrampalli Village, Thondur Mandal, YSR Kadapa District by suspending the proceedings of 4th respondent in Ref.No.l/1121/2025 dated 17.09,2025, pending disposal of Writ Petition. " Counsel for the Petitioner: SRI P NARAHARI BABU Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: 'S ! APHC010520402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26728/2025 Between; 1.SMT. YADAVAKUNTA SUHASINI @ B. SUHASINI,, W/0. BABUL REDDY AGED 44YEARS, OCC F.P.SHOP DEALER OF SHOP.NO. 1122007, R/O.D.NO.1-86, BHADRAMPALLI VILLAGE, THONDUR MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY BUILDINGS, AT VELAGAPUDLAMARAVATHI, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA. CIVIL SUPPLIES DEPARTMENT, SECRETARIAT 3.THE JOINT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA. 4.THE REVENUE DIVISIONAL OFFICER, PULIVENDULA, YSR KADAPA DISTRICT. 5.THE TAHSILDAR, THONDUR MANDAL, YSR KADAPA 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Ref.No.1/1121/2025 dated 17.09.2025 by suspending the authorization of the petitioner as fair price shop deafer of F . P S hop VS,J ^ W.p No.26728 Of2025 0 2 No.1122007, Bhadrampalli Village. Thondur Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice violative of Articles 14, 19(1)(g) of the Constitution of India and also and .... ^ violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop Village, Thondur Mandal YSR Kadapa District No. 1122007, Bhadrampalli 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 pleased to direct the respondents to continue the petitioner as F.P. shop Dealer and to supply essential commodities to the petitioner’s fair F P Shop No. 1122007, Bhadrampalli Village, Thondur Mandal, YSR Kadapa District by suspending the proceedings of 4th respondent in Ref.No.1/1121/20 25 dated 17.09,2025, pending disposal of Writ Petition Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES VS,J W.P No.26728 of 2025 3 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*'^ respondent in issuing proceedings Ref.No.1/1121/2025 dated 17.09.2025 by suspending the authorization of the petitioner as fair price shop dealer of F.P Shop No.1122007, Bhadrampalli Village, Thondur Mandal, YSR Kadapa District without there being any valid reason, without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 19(1)(g) of the Constitution of India and also violative of Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently set-aside the same and further direct the respondents to continue the petitioner to hold F.P Shop No.1122007, Bhadrampalli Village, Thondur Mandal YSR Kadapa District and pass such other order or orders...” The petitioner was appointed as a fair shop dealer for the shop bearing 2. No.1122007 situated in Bhadrampalli Village, Thondur Mandal, YSR Kadapa District in the year 2008 and the authorization of the petitioner has been extended from time to time on paying the requisite fees through treasury challan for renewal of authorization. On 09.09.2025, the Enforcement Deputy Tahsildar, Pulivendula along 3. with Vigilance and Enforcement Department, Kadapa inspected the shop at about 04:10 PM and found variations of 68 Kgs of rice and 45 (1/2 kg) packets of sugar and seized the ground stock and filed case under Section 6(A) of the EC Act, 1955. The seized stock was handed over to Sri M.Nagaraju, Village Revenue Officer, Bhadrampalle. Thereafter, without issuing any show cause notice, only basing on the report dated 16.09.2025 submitted by the Tahsildhar to the Joint Collector under Section 6(^0of the E.C Act, 1955, the VS,J ^ W.p No.26728 of 2025 ^ respondent no.4 vide his proceedings in Ref.No.1/1121/2025 dated 17.09.2025 has straightaway suspended the petitioner’s authorization, pending 6(A) case. Challenging which, the present writ petition is filed. 4 3. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. During the course of arguments, the learned Assistant Government Pleader has furnished a copy of the instructions vide Ref.No.B/361/2025, dated 16.09.2025 addressed by the Tahsildar/respondent No.5 to the which discloses that the Tahsildar has recommended the RDO to initiate disciplinary action as against the petitioner, which is admittedly in violation of the procedure contemplated Revenue Divisional Officer/respondent No.4, under the Control Order. 5. The learned counsel for the petitioner has also filed the copy of the show cause notice, dated 18.09.2025 pending the writ petition. a memo enclosing which was issued 6. Having considered the proceedings of the respondent No.4 dated 17.09.2025, it can be noted that show cause notice, dated 18.09.2025 issued only basing upon the report submitted by the Tahsildar for initiating action under Section 6(A) of the EC Act. In the same report the Tahsildar has further recommended the RDO, against the petitioner,, however, no separate reportj^^d. was on 16.09.2025 to take disciplinary action VS,J I W.P No.26728 of 2025 5 7. Having regard to the facts and circumstances of the case, this Court has been consistently taking a stand that there should be two reports submitted by the Tahsildhar one for initiating 6(A) proceedings and another for initiating disciplinary proceedings. Therefore, this Court is of view 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 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. s 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 law laid down as cited above, the Tahsildar ought to have submitted two (02) reports, one for initiating 6(A) proceedings and another for initiating disciplinary proceedings. But in the present case, it appears that only VS,J ' W.P No.26728 of 2025 t 6 one report has been submitted by the Tahsildar for initiating 6(A) proceedings under E.C Act, 1955, however, in the same report, he has recommended the RDO to take disciplinary action as against the petitioner, which is contrary to Clause 20(i) of the Control Order, 2018. In view of the aforementioned circumstances and requirement under Clause 20(i) of Control Order, 2018 and in the absence of a separate report for initiation of disciplinary action against the dealer, the impugned proceedings of the respondent No.4 dated 17.09.2025, suspending the authorization of petitioner is illegal and contrary to Clause 20(i) of Control Order as well as the subsequent show cause notice dated 18.09.2025 liable to be set aside. The respondents are directed to continue as fair price shop dealer and shall continue to distribute the essential commodities to the petitioner. 9. are 10. Accordingly, this Writ Petition is allowed. No costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT RE^TRAR W //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, At Velagapudi,Amaravathi, Andhra Pradesh 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Joint Collector, YSR Kadapa District at Kadapa. 4. The Revenue Divisional Officer, Pulivendula, YSR Kadapa District. 5. The Tahsildar, Thondur Mandal, YSR Kadapa District. 6. One CC to Sri. P Narahari Babu Advocate [OPUC] 7. Two CCs to GP for Civil Supplies High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsc HIGH COURT DATED;26/09/2025 ORDER WP NO. 26728 OF 2025 ^ 0 7 NOV 2025 .■V 1» ALLOWING THE WP WITHOUT COSTS