APHC010143352025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. VENKATESWARA MAHILA SAKTHI SANGAM, REP. BY ITS TREASURER, SMT. MEKHA JHANSI RANI, W/O. MEKHA RAJA KUMAR, AGED ABOUT 35 YEARS, OCC TEMPORARY IN FPS DEALER FPS N0.0432030 R/O. 6 PADMAVATHI NAGAR, DWARAPUDI VILLAG MANDAL DR.B.R. AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI GUNTER DISTRICT 2. THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD. D.NO.10152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDES SIRIS COMPANY VIJAYAWADA-520007, NTR DISTRICT 3. THE DISTRICT CO DISTRICT, AMALAPURAM. 4. THE DISTRICT CIVIL SUPPLIES OFFICER, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM 5. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM DIVISION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7494/2025 VENKATESWARA MAHILA SAKTHI SANGAM, REP. BY ITS TREASURER, SMT. MEKHA JHANSI RANI, W/O. MEKHA RAJA KUMAR, AGED ABOUT 35 YEARS, OCC TEMPORARY IN FPS DEALER FPS N0.0432030 R/O. 6-53, SRI VENKATA PADMAVATHI NAGAR, DWARAPUDI VILLAGE-533341, MANDAPETA MANDAL DR.B.R. AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI GUNTER DISTRICT THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD. D.NO.10152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDES SIRIS COMPANY 520007, NTR DISTRICT THE DISTRICT COLLECTORCS, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. THE DISTRICT CIVIL SUPPLIES OFFICER, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM DIVISION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. RC,J W.P.No.7494 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VENKATESWARA MAHILA SAKTHI SANGAM, REP. BY ITS TREASURER, SMT. MEKHA JHANSI RANI, W/O. MEKHA RAJA KUMAR, AGED ABOUT 35 YEARS, OCC TEMPORARY IN-CHARGE 53, SRI VENKATA 533341, MANDAPETA MANDAL DR.B.R. AMBEDKAR KONASEEMA DISTRICT, ERSTWHILE ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD. D.NO.10152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDES SIRIS COMPANY LLECTORCS, DR.B.R. AMBEDKAR KONASEEMA THE DISTRICT CIVIL SUPPLIES OFFICER, DR.B.R. AMBEDKAR THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM DIVISION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. RC,J W.P.No.7494 of 2025 2 6. THE TAHSILDAR, MANDAPETA MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 7. THE DEPUTY TAHSILDARCS, MANDAPETA MANDAL DR.B.R. AMBEDKAR KONASEEMA 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 to issue an appropriate writ order or direction more particularly in the nature of Mandamus declaring the action of the respondents moreWrit of particularly the 7TH Respondent in initiating 6A case under Essential Commodities Act, 1955 against the petitioner in respect of the fair No.0432030 situated at Z. Medapadu Village, Mandapeta Dr.B.R.Ambedkar Konaseema District very based on the price shop Mandal Mediators(VROs) Report dated 01-03-2025 by seizing physical stock and ePOS device on previous variations without issuing prior notice as contemplated under 6B of the Act, 1955 without conducting enquiry and without giving opportunity of being heard without considering her oral explanation at the time of mediators report without following procedure either passing any proceedings of suspension cancellation as illegal, arbitrary. Capricious, colorable exercise of or power, violative of principles of natural justice, without following contemplated under Section 6B of The Essentialprocure as Commodities Act, 1955 as well as provisions of Rule 29 (2) of APSPDS (Control) Orders,2018 and contrary to the law laid down by Full Bench of this Honble Court reported in M. Vanaja Vs. B. Balaseshanna and others, 2007 (4) ALD 388 (FB), apart from violation of Article 19, 21 and 300-A of Constitution of India and set aside the Mediators (VROs) Report dated 01-03-2025 forthwith in the interest of justice, consequently, continue the petitioner as dealer to the FPS No.0432030 by supplying commodities as usual by rectifying the previous variations in epos device and physical stock forthwith in the interest of justice 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 to stay of all further proceedings in pursuant to the Mediator report dated 01- 03- 2025 issued by the 7TH respondent in respect of FPS No.0432030 situated at Z. Medapadu village, Mandapeta Mandal, Dr.B.R. Ambedkar Konaseema District pending consideration of the above Writ Petition by continue the petitioners as FPS dealer as usual by supplying commodities by rectifying the ePOS device and physical stock forthwith in the interest of justice and pass RC,J W.P.No.7494 of 2025 3 IA NO: 2 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 to stay Of all further proceedings in pursuant to notice vide Ref.V3/CS/85/2025 dated 15-04-2025 issued by the 3rd respondent in pursuant to report dated 01-03-2025 - issued by the 7th respondent and show cause notice vide Ref.C3/CS/85/2025 dated 28-03-2025 issued by the 3rd respondent in respect of FPS No.0432030 situated at Z. Medapadu village, Mandapeta Mandal, Dr.B.R. Ambedkar Konaseema District by continue the petitioner as FPS dealer as usual by supplying commodities pending consideration of the above Writ Petition in the interest of justice and pass Counsel for the Petitioner: 1. RAMA MURTY P V S A Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.7494 of 2025 4 ORDER The writ petition has been filed questioning the action of respondent No.7-the Deputy Tahsildar (CS), Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District, in initiating 6A case under Essential Commodities Act, 1955 against the petitioner in respect of the Fair Price Shop No.0432030 situated at Z Medapadu Village, Mandapeta Mandal, Dr.B.R.Ambedkar Konaseema District. 2. Heard Sri Rama Murrthy PVSA, learned counsel for the petitioner, and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Sri Rama Murthy PVSA, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that respondent no.7 initiated 6A case under Essential Commodities Act, 1955 against the petitioner in respect of F.P.shop basing on mediator’s report dated 01.;03.2025 by seizing physical stock and ePOS device, without issuing prior notice as contemplated under 6B of the Act, 1955 and therefore, there is gross violation of the procedure contemplated under the Act. He would further contend that since the petitioner was not issued prior notice calling for explanation and without providing her an opportunity of being heard and hence there is violation of principles of natural justice and therefore, the impugned action of respondent no.7 in initiation of 6A proceedings is illegal RC,J W.P.No.7494 of 2025 5 and the same has to be declared illegal, unconstitutional. Accordingly, prayed to allow the writ petition. 4. On the other hand, Sri Vineeth Appasani, learned Assistant Government Pleader, would contend that no notice is required for initiation of proceedings under Section 6A of the Essential Commodities Act, 1955 and hence there are no valid and tenable grounds to interfere with the action of respondent no.7 in initiation of 6A proceedings. Accordingly, prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The prime contention of the petitioner is that initiation of proceedings under Section 6A of the Essential Commodities Act, 1955, without issuing notice under Section 6B of the Act is illegal and unsustainable. 7.Section 6B of the Essential Commodities Act, 1955 reads thus: “6B. Issue of show cause notice before confiscation of food grains, etc.― No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be made under section 6A unless the owner of such essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance) or the person from whom it is seized― (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance; RC,J W.P.No.7494 of 2025 6 (b) is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use. No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.” 8. As per Section 6B of the Essential Commodities Act, 1955, prior issuance of notice is required at the time of confiscation of the seized stock, but not at the time of seizing the stock. The stage of confiscation of the seized stock has not yet reached. Therefore, the contention of the learned counsel for the petitioner that stock cannot be seized without issuing notice under section 6B of the Essential Commodities Act, is untenable and unsustainable. 9. At this juncture, the learned counsel for the petitioner prayed this court to direct the authorities to continue the petitioner as F.P.shop dealer till conclusion of the proceedings. This Court is not inclined to grant such a relief and the petitioner can make a representation to the authorities to the said RC,J W.P.No.7494 of 2025 7 effect and on such, the authorities can take an appropriate decision in that regard. 10. In view of the above, the writ petition being meritless deserves dismissal. 11. Accordingly, the writ petition is dismissed. The authorities are directed to proceed with the enquiry in accordance with law. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 18th February, 2026. . RR