Andhra Pradesh High Court - Amravati
Kavya Swasakthi Group vs The State Of Andhra Pradesh on 2 May, 2023
lN THE HIGH COURT OF ANDHRA PRADESH: AT Al
(Special Original Jurisdiction) ,
TUESDAY, THE SECOND DAY OF MAY
l1^/a THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLESRIJUSTICE D RAMESH /
WRIT PETITION NO: 11382 OF 2023
/
Between:
M/s.Kavya Swasakthi Group, rep by Group leader Smt Shaik Mahaboob Chaan
W/o,S.Ameen Basha Aged 51 years, Occ Fair Price Shop Dealer, D.No. 2-282/1,
Shop No.1182085, Vasanthapeta-1, Proddutur (M), YSR Kadapa District.
Petitioner /
AND
1. The State ofAndhra Pradesh, Reprbyjts' Principal Secretary, Department of
Civil Supplies, Secretariat, Velagapudi
2. The District Collector, Kadapa, YSF\ `Kadapa Distrcti.
3. The Revenue Divisional Officert.Jammalamadugu, YSR Kadapa District,
4. Tahsildhar, Proddutur, YSR Kadapa district
5. The Enforcement Dy TahsildarforCivi[ Supplies, Proddutur, YSR Kadapa
District /,fy
i ,+L ,., Respondents
/
Petition under Article 226 of theConstitution of India is filed praying that in the
Circumstances stated in the affidavit filed therewith, the H'lgh Court may be pleased
to issue a writ, order or direction more particularly one in nature of writ of Mandamus
declaring the cancellation Proceedings. Ref.No.AIIT79/2023, dt.20-04-2023 issued
by the 3rd Respondent in respect of FP.T Shop No.1182085, Vasanthapeta-1,
Proddutur Mandal, YSR Kadapa District withc,ut conducting due enquiry as illegal,
arbitrary and vio]ative of principles of natural justice and contrary to the law laid down
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by this Hon'ble Court and consequehtly ldirect the Respondents to continue the
petitioner as fair price Shop dealer for shop`.no 1182085, Vasanthapeta-1, Proddutur
Mandal, YSR Kadapa by setting aside thelOrder, dt.20.04.2023.
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lANO: 1 OF2023
Petition under Section 151 CPC .ls filed praying that in the
circumstances stated in the affidavitlfiled in support of the petition, the High Court
may be pleased to direct the Respondents to supply the commodities tO th6
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petitioner, by suspending the order Ref.No.AIIT79/2023, dt.20.04.2023, pending
disposal of W.P.No.11382 of 2023, on the file of the High Court.
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The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof' and upon hearing the arguments of
sRl.K.SREEDHAR MURTHY Advocate for the Petitioner and of learned GP for Civil
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Supplies for the Respondents, the Court made the following.
ORDER:
The Writ Petition is filed questioriing the proceedings issued by the
3rd respondent dated 20.O4.2023.
The petitioner has submitted that the said order is contrary to the
observations made by this Honjble Court in Writ Pet£t£on jVo.GOO a/
2O2O between Mods Sririvasarao, Vs. The Sterte of Andhra Pradesh,
represerited by Principal Secre±arlJ Civil Supplies Departmertt,
WeZagapttdZ, Amaraz,ath€ czrld tzuo others; which reads as follows:
" 9. Thmen Cl,a.use 20(i) of Cor[trol Order, 2018 spectfted that cL Separate
report is required to be fred bg inspecting off:icer for initiation of
disciplinary action against petitioner, in the absence of any such
separate report, as couterrLPlat;d:;nder Section 2O(i) of Corllrol Ord,er,
2018, passing ord,er based on report urrder Section 6-A of E.C Act is
imperrhissibze under low, sin;; it --is deviation from clause 20(i) of
;_A`
Cortrol Order, 2018. in the written irLStru,CtiOrLS Placed Orb record by
leaned Assistant GolJem:merit PZeader for Civil Suppties, he
subrhitted that Tahsildar, Sarithabommali has also submitted cmother I
report urLder Clause 20(i) of Corvtrol Order, 2018, before Joint
Collector, Sri,kakLl,I,am Ihistrict, requesting to iruticte necessary
disciplinary action against Fall Price Shop dealer for the irregularities
com,rndted by him in distribution of stock to card holders. But this fde1
was rLOt reflected in the Order impugned in the Wnd PetidOn On the
corvtrcrny, ,i indicates that based on report referred m the subject Of.
order, the impugned order is passed,. copy of report ts also rrot placed
on record by lecLmed Assistut Govemmend Plecrder for Civil SupptieS
to support Tris condendOn that a Separate report iS Submitted aS
requrred urider sub clause (i) Of Clause 20 of Corttrol Order, 2018. The .
o;der impugned in the wnd pedfion refers only one report submitted
bg Tahstldar, Sandh,abOmmali. Respondents CarmOt Substitute uJith
cLnOther report in the Place of earlier report, bg Submitting Written
instructiorLS. The alleged second report under Clause 20(i) of Cortrol
order, 2O18 is riot roferred in ;hF order impugned in the Wrd PetidOn.
Therofore, i± iS diffi,outt tO accept the _coritendon of teamed Assistwl
Gouernmen± Pteader for Civil Sypplt=s that Proceedings uJere initiated,
based on cmother report subrrutted urLder Ctcouse 20(i) of Control
order, 2018, as Copy of it iS r;Ot Placed On record, except Written
instructiorLS. Hence, I find thir± Passing Order, based On the report
fried bg Tahetldar, ScmthabOmmdi for initiahon Of Proceedings under
section 6-A of E.C Act as Wetl aS inidcrdon of disciplinary action
ago,inst the petidoner, without filing a separate report a.s required
under clause 2O(i) of Cortrot Orde;, 2O18 is a Serious thegalrty and
cortrang to cortrot order, 2018.
10. As per Clause tq' Of CircIAtar Memo issued bg ComrriSSiOner, alJtl
supplies in No.21/loo/2015-AD.1 PP&CCS dated 28.09.2015,
proceedings urLder Section 6-A of E.C Act are Separate, aS it
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empowers to decide as to whether the seized corrmodifies are li,abl,e
for corvfisca,hen or otherwise and rLO Ord.er of Suspension/ CanCetlCndOn
of authorizcchon to be issued, based on report. In lJieuJ Of rrLemO and
reqwiremend under c1,ause 20(;)'of CoITtrOI Order, 2O 18, in the absence
of any separate report for initidebh of disciplinary action against the
dealer, the order passed bg se'cond resporidend camot be sustained,
consequently the same i,s tiable to be set aside, declcinng the same as
illegal cnd contrary to aouse 2O`(i) ofCoritrol Order, 2018.'' f%
Learned counsel for the petitioner has Submitted that the
impugned proceedings are passed based on the report submitted by the
concerned Thasildar under 6-A p.roceedingS. As observed by this HonJble
court in the above said judgment, the respondents ought to have
prepared a separate report unde; clause 20(i) of A.P. State Targeted
public Distribution System (Control) Order, 2O18 (for short Control
order, 2O18). But in the instant Case, based On the 6-A report, they have
passed orders. Hence, the same iS ;Ontrary tO Clause 2O(i) of the Control
order, 2O18 and also orders Passed by this Honjble Court in Writ
petition No.5OO of 202O.
considering the submissions,I the impugned proceedings dated
20.O4.2O23 is suspended.
For filling counter, post after eight(8) weeks.
SD/- K.I. RAJA BABT`J|
.,'AS SIS T A}N''I` 1-a_E(;lprSq-'I+` A.j'``
//TRU E ICOPY//
To'1. The Principal Secretary, Department of Civil Supplies, State ofAndhra Z
Pradesh, Secretariat, Velagapudi
2. The District Collector, Kadapa, YSF3,`,K-ad`apa Distrcti.
3. The Revenue Divisional Officer,, Jaininalamadugu, YSR Kadapa District.
4. Tahsildhar, Proddutur, YSR Ka'dapa district
5. The Enforcement Dy Tahsildar for Civil Supplies, Proddutur, YSR Kadapa
6. gins:ri8tc(1toTOsR5I:Ky.SRRPEAED3HA€MURTHY Advocate [OPuC] /
7. Two CCs to GP for Civil SuppliJes, High Court OfAndhra Pradesh. [OUT] 7
8. One spare copy
SRL
HIGH COURT
DRJ
DATED : 02/05/2023
NOTE: POST AFTER EIGHT (8) WEEKS
ORDER
WP.No.11382 of 2023
DIRECTION
tis -,
