APHC010438532019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21128/2019 Between: 1. THIRUMALA CHANDRASEKHAR,, S/O. BALANKAIAH, AGED ABOUT 24 YEARS, OCC. F.P. SHOP DEALER, F.P.SHOP.NO. 0706010, R/O. CHANDRAJUPALEM VILLAGE, BELLAMKONDA MANDAL, GUNTUR 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 CS, GUNTUR, GUNTUR DISTRICT. 3. THE TAHSILDAR, BELLAMKONDA MANDAL, GUNTUR 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 toto issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in suspending the authorization of the petitioner vide Rc.No.1193/2019-S8 dated 12.12.2019 basing on the report U/Sec.6(A) of the EC Act, 1955 is illegal, arbitrary, and violation of the principles of natural justice IA NO: 1 OF 2019 2 VS,J W.P.NO.21128 OF 2019 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 vide Rc.No.1193/2019-S8 dated 12.12.2019 issued by the 2nd respondent by permitting the petitioner to supply the Essential Commodities from the petitioner's Fair Price Shop No.0706010 of Chandrajupalem Village, Bellamkonda Mandal, Guntur District by supplying the Essential Commodities, pending disposal of the above writ petition, and pass IA NO: 1 OF 2021 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 vacate the interim order dated 27-12-2021 passed in IA. 1/2019 in WP. 21128/2019 and dismiss the writ petition in the interest of justice Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.NO.21128 OF 2019 ORDER:- This writ petition is 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 2nd respondent in suspending the authorization of the petitioner vide Rc.No.1193/2019-S8 dated 12.12.2019 basing on the report U/Sec.6(A) of the EC Act, 1955 is illegal, arbitrary, and violation of the principles of natural justice....” 2. Brief facts of the petitioner‟s case is that:- a. The petitioner was appointed as a permanent fair price shop dealer for shop No.0706010 of Chandrajupalem Village, Bellamkonda Mandal, Guntur District. b. While the matter being so, on 06.12.2019, at about 11:30 hours the Civil Supplies Deputy Tahsildar (CSDT) inspected the shop of the petitioner and found certain irregularities. Basing on the report of the CSDT Krosuru dated 09.12.2019, filed under Section 6(A) of the Essential Commodities Act, 1955 (in short “the Act”), the 2nd respondent issued impugned proceedings vide Rc.No.1193/2019-S8, dated 12.12.2019 framing two charges against the petitioner. The petitioner‟s authorization was placed under suspension. The said action of the 2nd respondent is contrary to the Clause 20(i) of the Control Order, 2018. Challenging which, the present writ petition is filed. 3. When the matter came up for admission, on 27.12.2019, this Court passed the following interim order:- 4 VS,J W.P.NO.21128 OF 2019 “It is brought to the notice of this Court by the learned counsel for the petitioner that, the issue in the present Writ Petition is squarely covered by the order, dated 28.11.2019, in W.P.No.19166 of 2019. A copy of the said order is place on record. In view of the same, there shall be interim suspension as prayed for”. 4. Respondent No.2 has filed counter affidavit admitting the facts stated by the petitioner. However, it is stated that during the course of inspection of the shop on 06.12.2020, the respondents found certain variations and a show cause notice was issued by the 2nd respondent as per the contents recorded in the mediatornama prepared at the time of seizure of available stock by the CSDT, Krosuru. In fact, it is clearly established that based on the show cause notice dated 12.12.2019 the petitioner‟s authorization was placed under suspension vide impugned proceedings dated 12.12.2019. 5. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies furnished a copy of instructions of the Tahsildar/the 3rd respondent, dated 01.09.2025, wherein it is stated that in pursuance of the interim order passed by this on 27.12.2019, the petitioner was permitted to supply essential commodities for the said shop. It is further stated that the Collector (CS), Guntur, issued proceedings Rc.No.1193/2019- S8, dated 26.01.2020, allowing the petitioner to resume lifting and distribution of essential commodities from February 2020 onwards, thereby terminating 5 VS,J W.P.NO.21128 OF 2019 the temporary arrangement with Smt.T.Kumari of Sri Veerabrahmendra Podupu Sangham. 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. 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. 6 VS,J W.P.NO.21128 OF 2019 08. 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. Consequently, the impugned proceedings vide Rc.No.1193/2019-S8, dated 12.12.2019 passed by the 2nd respondent are set-aside. The respondents are directed to supply the essential commodities to the petitioner until and unless any disciplinary proceedings are initiated against the petitioner. 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 LSP 7 VS,J W.P.NO.21128 OF 2019 243 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21128/2019 Dated: 16.09.2025 LSP 8 VS,J W.P.NO.21128 OF 2019