APHC010214762020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14169/2020 Between: 1. GARIKINA VENKATA RAMANA, S/O LATE AMMORU, AGED ABOUT 60 YEARS, R/O PEDATIRNARLA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT REP BY ITS PRINCIPAL SECRETARY. 2. THE JOINT COLLECTOR CS, VISAKHAPATNAM. 3. THE THAHSILDHAR, NAKKAPALLI MANDAL, VISAKHAPANTAM. VISKHAPATNAM DIST., ...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 writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2nd respondent in placing the petitioner FP Shop No. 339011 of Padatirnarala village, Nakkapalli Mandal, Viskapatnam district, through proceedings in RC.No.280/2020/CSR7 dated 00-05-2020 under suspension, is illegal arbitrary and contrary to sub clause (i) of Clause 20 of Andhra Pradesh State Targeted Public Distribution System (control) Order 2018, apart from in violation of Art.14 and 21 of Constitution of India, and by exercising colourable exercise of the power vested with him and also law declared by this Hon'ble Court in the matter of D.Sambasivarao Vs Joint Collector and others, and order in WP.no.500 of 2020 dated 08-01-2020 and set-aside the same and to pass 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 suspend the proceedings in RC.No.280/2020/CSR7 dated 00-05-2020 on the file 2nd respondent by permiting the petitioner to draw the essential commodites inorder to supply the same to the card holders for the FP Shop No. 339011 of Padatirnarala village, Nakkapalli Mandal, Viskapatnam District pending disposal of the above writ petition and to pass IA NO: 1 OF 2022 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 vacate the interim order Dt.26.08.2020 passed in I.A.No 1 of 2020 in W.P.No.14169 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.14169 of 2020 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2nd respondent in placing the petitioner FP Shop No. 339011 of Padatirnarala village, Nakkapalli Mandal, Viskapatnam district, through proceedings in RC.No.280/2020/CSR7 dated 00-05-2020 under suspension, is illegal arbitrary and contrary to sub clause (i) of Clause 20 of Andhra Pradesh State Targeted Public Distribution System (control) Order 2018, apart from in violation of Art.14 and 21 of Constitution of India, and by exercising colourable exercise of the power vested with him and also law declared by this Hon'ble Court in the matter of D.Sambasivarao Vs Joint Collector and others, and order in WP.no.500 of 2020 dated 08- 01-2020 and set-aside the same and to pass…” 2. The petitioner was appointed as Fair Price Shop Dealer bearing shop No.339011 of Padatirnarala Village, Nakkapalli Mandal, Visakhapatnam District in the year 1983. Since then, the petitioner has been distributing the essential commodities to the card holders without any complaints to whomsoever till date. 3. While the matter stood thus, based on the complaint made by local MLA of Payakaraopeta, the CSDT Nakkapalli alleged to have inquired into the matter about less weighment of the commodities distributed to the card holders. Pursuant to the same, respondent No.2 suspended the petitioner‟s authorization through the impugned proceedings dated 28.04.2020 and as well as issued a show-cause notice calling for an explanation from the petitioner on the same day i.e. on 28.04.2020, which in fact is in pursuance of a report submitted by the Tahsildar-respondent No.3 herein for initiating proceedings under 6A of the Essential Commodities Act, 1955. Challenging the same, the present writ petition is filed. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 5. When the writ petition came up for admission on 26.08.2020, this Court passed the following interim order. “…………. Hence, there shall be a direction to the respondents to continue to supply the essential commodities to the petitioner so that he can in turn supply to the cardholders to the FP Shop No.339011 of Padateenarla Village, Nakkapalli Mandal, Visakhapatnam District. The respondents are at liberty to continue with the disciplinary proceedings and to finish the same in accordance with law. This order will not preclude them to do so. Accordingly, this Application is allowed.” 6. Respondent No.3 has filed a counter-affidavit reiterating the facts as stated by the petitioner. But however, it is stated that pending the writ petition, the Revenue Divisional Officer, Narsipatnam has concluded the disciplinary action by restoring the petitioner‟s authorization vide proceedings in Rc.No.582/2021/F, dated 17.08.2021 and the said orders are also served on the petitioner on 21.08.2021 and thereafter, the petitioner is being permitted to runt he said fair price shop. 7. On perusal of the impugned proceedings, it can be observed that the proceedings issued for suspending the petitioner‟s authorization and as well as the show-cause notice, were issued on the same day i.e. on 28.04.2020, which is in fact is also pursuant to a report submitted by respondent No.3 for initiation of Section 6A proceedings against the petitioner, without there being any separate report by Tahsildar. 8. 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. 9. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is allowed, in terms of the order dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 and the two separate proceedings dated 28.04.2020 issued by respondent No.2 i.e. suspending the petitioner‟s authorization and issuing show-cause notice, are hereby set-aside. The respondents are directed to continue the petitioner as Fair Price Shop Dealer in pursuance of the restoration proceedings dated 17.08.2021. 10. 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, miscellaneous applications, pending, if any, shall also stand closed. _______________________ JUSTICE V.SUJATHA Date :07.10.2025 TVN 720 THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.14169 OF 2020 Date: 07.10.2025 TVN