APHC010620232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 37042/2022 Between: 1. MALLAPU REDDY MANIKYALA RAO, S/O APPA RAO, AGED ABOUT 45 YEARS, R/U DURG,A NAGAR, NEAR AMBEDKAR PARK, PAYAKARAOPETA, ANAKAPALLI DISTRICT. 2. MALLAPU REDDY RAMA KURNARI,, W/O IVLANIKYALA RAO, AGED ABOUT 39 YEARS, R/O DURGA NAGAR, NEAR AMBEDKAR PARK, PAYAKARAOPETA, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT ILUILDING,VELAGAPUDI, GUNTUR DISTRICT, REP BY ITS PRINCIPAL SECRETARY. 2. THE JOINT COLLECTOR CS, VISAKHAPATNAM. 3. THE DEPUTY TAHSILDAR CS, NALDMPALLI MANDAL, ANAKAPALLI DISTRICT. 4. THE TAHSILDAR, PAYAKARAOPETA MANDAL, ANAKAPALLI DISTRICT. 5. GOLLAPAILI KANCHANA, W/O SURYA PRASAD, AGED ABOUT 33 YEARS, R/O H.NO.14-33, BRUNDHAVANAM, PAYAKARAOPETA, ANAKAPALLI DISTRICT, (ERSTWHILE VISAKHAPATNAM DISTRICT). ...RESPONDENT(S): 2 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 directing the 4th respondent to file Criminal Case against the petitioners through Order in Case No.18/2020/CSR5, dated 1.7.2022, is highly illegal, arbitrary, unconstitutional, colourable exercise of the power, without power and jurisdiction and liable to be set aside and 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 suspend the proceedings pursuant to Order in Case No.18/2020/CSR5, dated 1.7.2022 on the file of the 2nd respondent, in so far as initiating criminal case against the petitioners pending disposal of the above writ petition and pass 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 vacate the interim order dt: 16-11-2022 passed in IA.No.1/2022 in WP.No.37042/2022 and dismiss the Writ Petition and pass Counsel for the Petitioner(S): 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: The petitioners filed the present writ petition assailing the action of the 2nd respondent in directing the 4th respondent to file a criminal case against them through order in Case No.18/2020/CSR5, dated 01.07.2022. 2. Heard Sri V.V.N.Narayana Rao, learned counsel for the petitioners and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioners submitted that the Joint Collector-the 2nd respondent herein, exceeding his jurisdiction, has given a direction to the Tahsildar to register an FIR against the petitioners on the alleged ground that the petitioners have violated or committed irregularities under the Essential Commodities Act. Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as ‘the Act’) is very clear, wherein the Joint Collector can either confiscate the stock or impose penalty ten times of the seized stock. He has no power to give any direction to initiate criminal case against the petitioners. Petitioners are nothing to do with the Fair Price Shop and they are not dealers at all. In those circumstances, if the order impugned is subsists, it affects the rights of the petitioners. As such, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader fairly submitted that while passing proceedings under Section 6A of the Act, the authority cannot direct initiation of prosecution and they have to independently give proceedings to the said effect. To that extent, this Hon’ble Court can interfere. 4 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The petitioners are the third parties to the fair price shop. The 5th respondent is the fair price shop dealer for fair price shop No.0338039 of Payakaraopeta Village, Payakaraopeta Mandal, Visakhapatnam District. As could be culled out from the facts and submissions, some irregularities came to be committed by the 5th respondent and accordingly the Joint Collector initiated proceedings under Section 6A of the Act against the 5th respondent as well as against petitioners 1 and 2 herein. After conducting enquiry, while passing orders, the Joint Collector incidentally gave a direction to the Tahsildar to initiate prosecution against the petitioners herein for forging documents and mis- utilization of essential commodities on 42 bogus cards by filing a criminal case. As could be seen from the impugned order, it was observed by the Joint Collector that despite service of notices, they did not appear before him. Now the contention advanced by the petitioners’ counsel is that the Joint Collector has no power under Section 6A of the Act to direct the prosecution to launch prosecution against the petitioners and that the said authority can either impose penalty ten times or confiscate the stock. In this regard, Section 6A of the Act reads as follows:- “6A. Confiscation of essential commodity.― 3[(1)] Where any 4[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 5[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such 1[essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such 5 order, the Collector 2[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order 3[may order confiscation of― (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:] Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section: 4[Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.] 4[(2) Where the Collector, on receiving a report of seizure or on inspection of any essential commodity under sub-section (1), is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may― (i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this Act or under any other law for the time being in force; or (ii) where no such price is fixed, order the same to be sold by public auction: Provided that in case of foodgrains, the Collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the Central Government or by the State 6 Government, as the case may be, for the retail sale of such foodgrains to the public. (3) where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall― (a) where no order or confiscation is ultimately passed by the Collector, (b) where an order passed on appeal under sub-section (1) of section 6C so requires, or (c) where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized.] 7. As could be seen from the said provision, there is some force in the contention of the petitioners. The contention of the learned Assistant Government Pleader that in order to initiate prosecution, separate proceedings have to be initiated and they cannot give any directions under 6A proceedings is accepted. In the said view of the fact, instead of issuing independent proceedings for launching prosecution, the Joint Collector passed orders including launching of prosecution against the petitioners under Section 6A, which is beyond the powers to pass such order. To the extent of the directions to the Tahsildar for initiating prosecution for forging documents and mis-utilization of essential commodities on 42 cards by filing a criminal case is held to be illegal and the same is liable to be set aside to that extent. 8. Accordingly, the Writ Petition is disposed of. However, the authorities are not precluded from taking steps, if so advised. There shall be no order as to costs. 7 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 17.03.2026. JLV 8 309 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 37042/2022 Date: 17.03.2026 JLV