APHC010453022022 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27669/2022 Between: 1. INDUS VIVA HEALTH SCIENCES PVT. LTD.,, HAVING ITS OFFICE AT VIVA TOWER, NO.36, NANDI DURGA ROAD, JAYAMAHAL EXTENSION, BANGALORE, KARNATAKA, INDIA BY ITS AUTHORISED SIGNATORY MR.NISHAD MADAMPOIL, AGED ABOUT 44 YEARS, S/O MO MANZIL, ANNIKKAVILAKAMLANE, KAMALESWARAM, THIRUVANANTHAPUR,AM, MANACAUD, KERALA 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS AMARAVATI. 2. THE COMMISSIONER, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS PRADESH, VIJAYAWADA, ANDHRA PRADESH 3. THE DIRECTOR OF CIVIL SUPPLIES, (DESI OFFICER) GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA W.P.NO.27669 of 2022 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27669/2022 INDUS VIVA HEALTH SCIENCES PVT. LTD.,, HAVING ITS OFFICE AT VIVA TOWER, NO.36, NANDI DURGA ROAD, JAYAMAHAL EXTENSION, BANGALORE, KARNATAKA, INDIA - 560 046, REP., BY ITS AUTHORISED SIGNATORY MR.NISHAD MADAMPOIL, AGED ABOUT 44 YEARS, S/O MOIDEENKOYA R/O,M,T C 43/113(1), ANSA MANZIL, ANNIKKAVILAKAMLANE, KAMALESWARAM, THIRUVANANTHAPUR,AM, MANACAUD, KERALA-695009 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES (CS-II), SECRETARIAT BUILDING, THE COMMISSIONER, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS-11), GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, ANDHRA PRADESH - 520007. THE DIRECTOR OF CIVIL SUPPLIES, (DESIGNATED NODAL OFFICER) GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA RC,J W.P.NO.27669 of 2022 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI INDUS VIVA HEALTH SCIENCES PVT. LTD.,, HAVING ITS OFFICE AT VIVA TOWER, NO.36, NANDI DURGA ROAD, JAYAMAHAL 560 046, REP., BY ITS AUTHORISED SIGNATORY MR.NISHAD MADAMPOIL, AGED IDEENKOYA R/O,M,T C 43/113(1), ANSA MANZIL, ANNIKKAVILAKAMLANE, KAMALESWARAM, 695009 ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD II), SECRETARIAT BUILDING, THE COMMISSIONER, DEPARTMENT OF CONSUMER AFFAIRS, 11), GOVERNMENT OF ANDHRA 520007. GNATED NODAL OFFICER) GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA- RC,J W.P.NO.27669 of 2022 2 520007. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 5. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 6. DEPUTY DIRECTOR CONSUMER AFFAIRS, OFFICE OF COMMISSIONER OF CIVIL SUPPLIES, DOOR NO. 21-122/3, SRILAKSHMINARAYANA NILAYAM, SOLANKI JAIN COLONY, GOLLAPUDI, VIJAYAWADA - 521225 7. UNION OF INDIA, REP., BY ITS SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, NEW DELHI. 8. SUPERINTENDENT OF POLICE, PRAKASAFM DISTRICT KURNOOL ROAD, SUJATHA NAGAR, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH 523001. 9. THE DEPUTY SUPERINTENDENT OF POLICE, ONGOLE, ANDHRA PRADESH 523001, 10. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, VIJAYAWADA (DESIGNATED NODAL OFFICER). ...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 or order or direction more particular in the nature of 'Writ of Mandamus' A. Declaring the action of the Respondents more particularly Respondent Nos.2 and 3 herein in failing to respond/ act/ process the application dated 03.08.2022, made by the Petitioner Company seeking registration as a 'Direct Selling Entity' in terms of RC,J W.P.NO.27669 of 2022 3 G,O.Ms.No.21 dated 29.06.2022 as being illegal, arbitrary and in violation of Articles 14 and 19(1)(g) of the Constitution of India, and B. Declaring the action of the ResOndent Nos.5, 8 and 9 in trying to interfere and obstruct the business activities of the Petitioner Company asbeing without jurisdiction, illegal, arbitrary and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, and C. Consequently direct the Respondent Nos.2 and 3 herein to immediately process and to consider the application dated 03.08.2022, made by the Petitioner Company for registration as a 'Direct Selling Entity' in terms of G.O.Ms.No.21 dated 29.06.2022, and D. Consequently direct the Respondent Nos.5, 8 and 9 not to interfere with the business activities of the Petitioner Company, without following the due process of law, and E. Pass appropriate orders as this Hon'ble Court may deems fit and proper to the circumstances of the case. 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 pleased to direct the Respondent Nos.5, 8 and 9 herein to not to register any case against the Petitioner Company herein, as under the direct selling scheme, till the consideration/disposal of the application dated 03.08.2022 (application for registering the Petitioner Company as the "direct Selling Entity"), as per the GO.Ms.No.21, dated 29.06.2022, and pass IA NO: 2 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 pleased to direct the Respondent Nos.5, 8 and 9 not to interfere with the day- to-day operations of the Petitioner Company in the absence of any material suggesting violation thereof, including not to harass the Petitioner company or its employees by registering cases under the Prize chits and money circulation schemes (Banning) Act, 1978 and not to take any coercive steps against the employees and the sellers of the Petitioner Company and not to block the operating bank accounts of the Petitioner Company herein. RC,J W.P.NO.27669 of 2022 4 IA NO: 3 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 direct the 3rd Respondent (Nodal Officer), to communicate/ seek 5th Respondent, that if any such complaints were already registered against the petitioner Company, with respect to the direct selling scheme, be transferred to the 3rd Respondent (Nodal Officer) herein. IA NO: 1 OF 2023 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 receive the Reply affidavit on record by allowing the Leave Petition in the Writ Petition in the interest of Justice. Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES ORDER This Writ Petition is filed questioning the inaction of the respondent nos. 2 and 3 to respond /act/process the application dated 03.08.2022, made by the petitioner company seeking registration as a Direct Selling Entity in terms of G.O.Ms.21, Consumer Affairs, Food & Civil Supplies (CS-II) Department, dated 29.06.2022. RC,J W.P.NO.27669 of 2022 5 2. Sri N.Ashwani Kumar, learned counsel for the petitioner, submitted that the authorities have considered the application of the petitioner entity dated 03.08.2022 as per the guidelines issued by the Government vide G.O.Ms.No.21, dated 29.06.2022, through proceedings of the Commissioner of Civil Supplies, dated 12.09.2022, vide CCS.Ref.No.CAII/e-1638705/2022. Therefore, no further adjudication required in this matter. 3. In view of the submission made by learned counsel for the petitioner, this writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE RAVI CHEEMALAPATI 10th February, 2026. RR