1 APHC010046782020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2786/2020 Between: 1. V.SREENIVASULU,, S/O. V.VENKATA RAMUDU, AGED ABOUT 42, 0CC- F.P.SHOP DEALER, F.P.SHOP NO.1285126, D.NO.4-2-352-7, VI ROAD, EXT. ANANTHAPURAMU, ANANTHAPURAMU TOWN AND MANDAL, ANANTHAPURAMU 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 COLLECTORCS, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 3. THE TAHSILDAR, ANANTHAPURAMU TOWN AND MANDAL, ANANTHAPURAMU 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 topleased 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 cancelling the authorization of the petitioner Fair Price Shop No. 1285126 of Ext, Ananthapuramu City Ananthapuramu Town and Mandal, Ananthapuramu District basing on the 6A report submitted by the 3rd respondent in 2 Rc.No.K3/2620/2019 dated 21.01.2020 as illegal, arbitrary and unjust and consequently set aside the same 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 cancellation of authorization of the petitioner in Rc.No.K3/2620/2019 dated 21.01.2020 issued by the 2nd respondent by supplying the Essential Commodities to the petitioner's Fair Price Fair Price Shop No. 1285126 of Ext, Ananthapuramu City Ananthapuramu Town and Mandal, Ananthapuramu District, pending disposal of the above writ petition, Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 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 cancelling the authorization of the petitioner Fair Price Shop No. 1285126 of Ext, Ananthapuramu City Ananthapuramu Town and Mandal, Ananthapuramu District basing on the 6A report submitted by the 3rd respondent in Rc.No.K3/2620/2019 dated 21.01.2020 as illegal, arbitrary and unjust and consequently set aside the same…...” 2. Brief facts of the case are that the petitioner herein was appointed as permanent fair price shop dealer of shop No.1285126 of Ext, Ananthapuramu city, Ananthapuramu town and mandal, Ananthapuramu district in the year 2017, which is valid up to 31.03.2021. 3. While the matter stood thus, on 24.08.2019, Revenue Officer FI (CS), Ananthapuramu inspected the petitioner’s fair price shop and found certain irregularities, as such, a panchanama was conducted and certain quantity of essential commodities were seized including ePOS machine and weighing machine. Accordingly, the 3rd respondent sent a report to the 2nd respondent for initiating proceedings under Section 6-A of Essential Commodities Act, 1955. Basing on the said report of the 3rd respondent, the 2nd respondent has issued a show cause notice to the petitioner on 28.11.2019, to which the petitioner has submitted an explanation on 18.01.2020 and thereafter, the 2nd respondent, vide proceedings in Rc.No.K3/2620/2019, dated 21.01.2020 has cancelled the authorization of the petitioner. Aggrieved by the action of the 2nd respondent in cancelling the authorization of the petitioner basing on the report submitted by the 4 3rd respondent under Section 6-A of the E.C., Act, the petitioner has filed the present petition. 4. Heard Mr. K. Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. 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, 5 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. 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 21.01.2020 passed by the 2nd respondent in Rc.No.K3/2620/2019 are set- aside. 7. 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: 13.08.2025 Gss