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2026 DAILYLAW 9558 (AP)

Sri M. Siva Rama Krishna v. THE STATE OF ANDHRA PRADESH

WP/14843/2026 · 2026-08-31

K Sreenivasa Reddy

body2026

Judgment text

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APHC010276902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 14843/2026 Between: 1. SRI M. SIVA RAMA KRISHNA, S/O M. KANAKA MAHESWARA RAO, AGED ABOUT 45 YEARS, FAIR PRICE SHOP DEALER NO.0386148, VELAMPETA, POORNA MARKET AREA, CIRCLE-I, VISAKHAPATNAM.- 530001 ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT-522237 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM- 530001 3. THE JOINT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM 530001 4. THE TAHSILDAR, VISHAKHAPATNAM URBAN, VISAKHAPATNAM. 530001 5. THE DISTRICT CIVIL SUPPLY OFFICER, VISAKHAPATNAM 530001 ...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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2nd respondent here in issued an endorsement vide Rc.No.62/ 2020/S1 dated.28.04.2026 under Section 6-A of the Essential Commodities Act as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently set aside the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. And pass such SRK, J W.P.No.14843 of 2026 2 IA NO: 1 OF 2026 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 of the 2nd respondent here in issued an endorsement vide Rc.No.62/2020/S1 dated.28.04.2026 under Section 6-A of the Essential Commodities Act as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, By enabling him to supply to the card holders pending disposal of the above Writ Petition and pass such Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: SRK, J W.P.No.14843 of 2026 3 O R D E R The present Writ Petition is filed seeking to following relief: “… to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of 2nd respondent herein issued an endorsement vide Rc.No.62/2020/S1, dated 28.04.2026 under Section 6-A of the Essential Commodities Act, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently set-aside the same and to pass such other order or orders …” 2. It is the case of the petitioner that he is the authorized Fair Price Shop Dealer bearing No.0386148 at Velampeta, and In- charge Dealer for Shop No.0386254 at Chengalraopeta, Visakhapatnam; that in respect of certain allegations levelled by the Inspection Authority pursuant to the inspection conducted on 20.07.2020, proceedings under Section 6A of the Essential Commodities Act, 1955 (for brevity ‘the EC Act, 1955’) have been initiated against the petitioner, besides registering a case in Crime No.358 of 2020 of I Town Police Station, Visakhapatnam, for the offence punishable under Section 7(1) of the Essential Commodities Act, 1955 and Sections 420 and 201 of the Indian Penal Code, 1860 (for brevity ‘IPC’). 3. It is the grievance of the petitioner that the said case was taken cognizance and numbered as Calendar Case No.3225 of SRK, J W.P.No.14843 of 2026 4 2020 by the Chief Judicial Magistrate, Visakhapatnam, and after full- fledged trial, the said case ended in acquittal, and though the criminal case proceedings ended in acquittal, the proceedings under Section 6A of the EC Act, 1955 have not been concluded and as per the endorsement of 5th respondent in Rc.No.62/2020/S1, dated 28.04.2026, it was informed that the Section 6A proceedings is under trial before the respondent No.3. Hence, the Writ Petition. 4. Learned Assistant Government Pleader for Civil Supplies would contend that the proceedings under Section 6A of the EC Act, 1955 are pending before the respondent No.3, and already a show-cause notice under Section 6B of the EC Act, 1955 was issued to the petitioner, calling for his explanation. 5. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Civil Supplies representing the respondent Nos.1 to 5. 6. A perusal of the material on record goes to show that pursuant to Inspection Report, vide Proceedings in Rc.No.106/ 2020/CSC-1, dated 30.07.2020, the petitioner’s authorization over the said Fair Price Shop was suspended, and challenging the said proceedings, the petitioner filed Writ Petition No.4899 of 2024, seeking the Court to set-aside the said Proceedings, and this Court SRK, J W.P.No.14843 of 2026 5 vide Order dated 28.02.2024 partly allowed the aforesaid Writ Petition, setting-aside the Proceedings in Rc.No.106/2020/CSC-1, dated 30.07.2020, and directed the respondent therein to restore the authorization of the petitioner till appropriate order/decision is taken by the respondent authorities. Accordingly, the authorization of petitioner was restored with immediate effect pending. 7. It is an undisputed fact that basing on the inspection conducted by the authority concerned, besides initiating proceedings under Section 6A of the EC Act, 1955, a case in Crime No.358 of 2020 of I Town Police Station, Visakhapatnam city was registered, which is the subject matter of Calendar Case No.3225 of 2020 on the file of the learned Chief Judicial Magistrate, Visakhapatnam, and apparently the said case ended in acquittal vide Judgment dated 09.12.2024. But, till date, as per the endorsement of respondent No.5 vide Rc.No.62/2020/S1, dated 28.04.2026 the proceedings under Section 6A of the EC Act, 1955 are not concluded and the same are pending before the respondent No.3. 8. Therefore, having regard to the entire facts and circumstances of the case, respondent No.3 is directed to pass appropriate orders in the proceedings initiated against the petitioner under Section 6A of the Essential Commodities Act, 1955 as SRK, J W.P.No.14843 of 2026 6 expeditiously as possible, within a period of six (06) weeks from the date of receipt of copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel, interlocutory applications pending, if any, in the Writ Petition shall stand closed. JUSTICE K. SREENIVASA REDDY 1st September, 2026. DNB/VMM