APHC010166262020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10453/2020 Between: 1. SREE VINAYAKA PODUPUDIRI SANGHAM,, REP.BY ITS PRESIDENT SMT. MAHANTHI BHAVANI, W/O KRISHNA, AGED ABOUT 28 YEARS, OCC FAIR PRICE SHOP DEALER (UNDER SUSPENSION), R/O. 8-12-76, S.P BANGLAW, MAYURI JUNCTION, NAGOJIPETA-2, VIZIANAGARAM, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, A.P. REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 3. THE JOINT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM SUB- DIVISION, VIZIANAGARAM DISTRICT. 5. THE MANDAL CIVIL SUPPLIES OFFICER MCSO, VIZIANAGARAM, VIZIANAGARAM DISTRICT 6. THE TAHSILDAR, VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.10453 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 3rd respondent passed in D.C. No.09/2020/G6 dated 12.05.2020, as illegal, arbitrary, without assigning any reasons and non application of mind and one without jurisdiction and set aside the same and consequently direct the respondents to release the Essential Commodities to the petitioner for the F.P Shop No.0281058 of Indiranagar Street, Vizianagaram Town and Mandal, Vizianagaram District 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 to direct the 3rd respondent to release the Essential Commodities to the petitioner for the F.P Shop No.0281058 of Indiranagar Street, Vizianagaram Town and Mandal, Vizianagaram District Counsel for the Petitioner: 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.10453 of 2020 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 3rd respondent passed in D.C.No.09/2020/G6 dated 12.05.2020, as illegal, arbitrary, without assigning any reasons and non application of mind and one without jurisdiction and set aside the same and consequently direct the respondents to release the Essential Commodities to the petitioner for the F.P Shop No.0281058 of Indiranagar Street, Vizianagaram Town and Mandal, Vizianagaram District.…” 2. The brief facts of the case are as follows: a) The petitioner was appointed as a temporary Fair Price Shop dealer of Shop No.0281058, Vizianagaram Town vide proceedings Rc.No.313/2016/G, dated 18.03.2016 by the 4th respondent and the same was extended from time to time. Since the date of appointment, the petitioner has been distributing the essential commodities to the cardholders. b) While the matter being so, the 3rd respondent passed the impugned order vide proceedings in DC No.09/2020/G6 dated 12.05.2020, temporarily suspending the petitioner’s authorization pending enquiry and further directed the 5th respondent to make alternate arrangements for the said Fair Price Shop for distribution of essential commodities to the cardholders. Challenging the said proceedings dated 12.05.2020, the present writ petition is filed on the ground that the petitioner’s authorization was suspended solely based on the report submitted by the Tahsildar under Section 6-A(1) of the Essential Commodities Act, 1955. 4 VS,J W.P.No.10453 of 2020 3. When the writ petition came up for admission on 22.06.2020, this Court passed the following interim order: “…..There shall be interim suspension of the impugned order for a period of four (4) weeks.” Thereafter, the said interim order was extended until further orders. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. The learned Assistant Government Pleader for Civil Supplies has submitted that, the in view of the interim order dated 22.06.2020, the petitioner has been continuing as the Fair Price Shop dealer. 6. On perusal of the material available on record, it is evident that the 3rd respondent initiated alternative arrangements for the petitioner’s Fair Price Shop solely based on the report under Section 6-A(1) of the Essential Commodities Act, 1955 without there being other report for initiating disciplinary proceedings. No independent disciplinary enquiry or proceedings were initiated against the petitioner prior to the issuance of the impugned proceedings. In the absence of initiation of independent disciplinary proceedings, the action of the 3rd respondent in passing the impugned proceedings and making alternative arrangements for the subject Fair Price Shop is in violation of the principles of natural justice. 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 5 VS,J W.P.No.10453 of 2020 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. 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 dated 12.05.2020 passed by the 3rd respondent in D.C.No.09/2020/G6 are set-aside. 6 VS,J W.P.No.10453 of 2020 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. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR