APHC010113382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5900/2025 Between: 1. SANA MAHALAKSHMI, W/O VENKATA RAMANA, AGED ABOUT 34 YEARS, PERMANENT F.P SHOP DEALER OF F.P SHOP NO.1182013, 4-383, VENKATESWARA PETA, PRODDATUR MANDAL, KADAPA, Y.S.R DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU DIVISION, Y.S.R DISTRICT. 4. THE ENFORCEMENT TAHSILDAR, PRODDATUR MANDAL, Y.S.R DISTRICT. 5. THE ENFORCEMENT DEPUTY TAHSILDAR, PRODDATUR MANDAL, Y.S.R DISTRICT. 2 RC,J W.P.NO.5900 OF 2025 ...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 an appropriate Writ, Order or direction under Article 226 of constitution of India more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref. No. B/1084/2024, dated 15.07.2024 issued by the respondent No.3 as arbitrary and illegal, contrary objectives of the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Orders, 2018 and contrary to the well-established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 21 and 300-A of the Constitution of India and consequently set aside the same and drop all the further proceedings inpursuance of the same and pass IA 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 suspend the proceedings in Ref. No. B/1084/2024, dated 15.07.2024 issued by the respondent No.3 consequently direct the respondent No.3 to continue me as fair price shop dealer, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 RC,J W.P.NO.5900 OF 2025 ORDER: To declare the proceedings in Ref.No.B/1084/2024, dated 15.07.2024, issued by the 3rd respondent as illegal and arbitrary, the present writ petition is filed. 2. Heard Mr.Shaik Sultan, learned counsel representing Mr.Papudippu Sashidhar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit filed in support of the writ petition, submitted that based on a report submitted by the authorities under Section 6A of the Essential Commodities Act, 1955 (for Short “the Act”), the petitioner’s authorization was temporarily suspended by passing the impugned proceedings. This Court in W.P.No.500 of 2020 has categorically held that in the absence of a separate report for initiation of disciplinary action against a dealer, any order of suspension cannot be sustained and is liable to be set aside as being contrary to Clause 20(i) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018. If at all, the respondent authorities had intention to 4 RC,J W.P.NO.5900 OF 2025 suspended the petitioner’s authorization pending disciplinary enquiry a separate report has to be invited to take steps. Since the suspension order is passed basing on the report under Section 6A of the Act, the same is wholly unsustainable and prayed to pass appropriate orders by setting aside the impugned order by duly taking into consideration in the W.P.No.500 of 2020. 4. On the other hand, learned Assistant Government Pleader for Civil Supplies submitted that the impugned order is not issued basing on the report of the Tahsildar under 6A report. The Tahsildar, Proddatur, has submitted separate report under Section 20(i) of the Andhra Pradesh Targeted Public Distribution System (Control) Order, 2018 for taking necessary disciplinary action. Basing on the said report only the present impugned proceedings has been passed, as such, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the respective counsel. 6. On a perusal of the impugned proceedings dated 15.07.2024, the report of the Tahsildar issued under Section 20(i) the Andhra Pradesh Targeted Public Distribution System 5 RC,J W.P.NO.5900 OF 2025 (Control) Order, (hereinafter called as Control Order 2018) has not been mentioned in the reference. There is no reference even in the body of the order that the report of the Tahsildar said to have been submitted to RDO under Section 20(i) of A.P.Targeted Public Distribution System (Control) Order, 2018. Further, the said report was also not supplied to the petitioner along with the show cause notice. 7. However, this Court passed the following interim order dated 10.03.2025 as under:- “...Therefore, the impugned proceedings issued by the 3rd respondent vide Rc.No.CS/D/594/2024, dated 11.03.2025, are hereby suspended for a period of eight (8) weeks.” 8. At this juncture, the learned Assistant Government Pleader requested to give liberty to the authorities to issue fresh notice to the petitioner by duly supplying the report of the Tahsildar issued under Section 20(i) of the (Control) Order, 2018 and the respondent authorities are not precluded from giving such a notice. 9. Accordingly, this Court is inclined to dispose of the writ petition by taking into consideration, the interim order dated 10.03.2025 in I.A.No.1 of 2025 by passing the following order:- 6 RC,J W.P.NO.5900 OF 2025 The respondent authorities are directed to conclude the disciplinary enquiry, after duly issuing a fresh notice to the petitioner and also by supplying the report of the Tahsildar issued under Section 20(i) of the (Control) Order, 2018, within a period of two (2) months from the date of receipt of a copy of this order. Till such enquiry, the interim orders dated 10.03.2025 shall continue. 10. With the above directions, the writ petition is disposed of. No costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 29.01.2026 LSP