[Cites 5, Cited by 0]

Telangana High Court

A. Bharath Kumar vs The State Of Telangana on 16 April, 2026

Author: Surepalli Nanda

Bench: Surepalli Nanda

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

      HON'BLE MRS. JUSTICE SUREPALLI NANDA

            WRIT PETITION No.11582 OF 2026

                     DATE: 16.04.2026

Between :

A.Bharath Kumar

                                                ...Petitioner
                             And

The State of Telangana,
Rep. by its Principal Secretary,
Civil Supplies Department,
Secretariat, Hyderabad and others
                                        ...      Respondents

                           ORDER

Heard Sri Mondeddu Lakshmi Archana, learned

counsel appearing on behalf of the petitioner, learned

Assistant Government Pleader for Civil Supplies

appearing on behalf of the respondent Nos.1, 2 and 5

and the learned Assistant Government Pleader for

Revenue appearing on behalf of the respondent Nos.3

and 4.

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2. The petitioner approached the Court seeking

prayer as under:

"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in not implementing the Orders of the 3rd Respondent vide Procgs No.B/391/2026, dated 01.04.2026 directing to allot the commodities every month to the petitioner fair price shop and also permitted the petitioner to supply the same to the card holders, but the 4th and 5th Respondents did not supply the commodities to the petitioner fair price shop is highly illegal, arbitrary, against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the 4th and 5th Respondents to allot the commodities to the petitioner fair price shop basing on the orders of the 3rd Respondent immediately, in the interest of justice and pass"

3. The case of the petitioner in brief as per the

averments made in the affidavit filed by the petitioner

in support of the present Writ Petition is as under:-

i) The petitioner is an authorized Fair Price Shop Dealer

of Shop No. 1539006 in Farooqnagar Village and Mandal,

Rangareddy District. On 03.02.2026, the Deputy Tahsildar

(Enforcement), along with the Civil Supplies Enforcement

Team, conducted a surprise inspection and noted a variation

of (+) 3449 Kgs of Sanna Biyyam, leading to seizure of the

commodities.

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ii) Subsequently, the 2nd Respondent ordered

confiscation of the seized stock. Thereafter, the 3rd

Respondent issued a show cause notice on 30.03.2026, and

upon consideration of the petitioner's explanation dated

30.03.2026, the 3rd respondent treated the incident as a

first offence and imposed a penalty of Rs.5,96,677/-, and

permitted the petitioner to continue as a Fair Price Shop

dealer.

iii) The petitioner duly remitted the penalty amount, and

the 3rd Respondent, vide proceedings No.B/391/2026 dated

01.04.2026, directed the 4th Respondent to allot

commodities to the petitioner's shop every month.

However, Respondent Nos.4 and 5 have failed to supply

commodities to the petitioner. Aggrieved by the same, the

petitioner approached this Court by filing the present writ

petition.

PERUSED THE RECORD:

A) The relevant portion of the proceedings

No.B/391/2026 dated 01.04.2026, issued by the

respondent No.3-the Revenue Divisional Officer,

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Shadnagar Division, Ranga Reddy District is extracted

hereunder:

"In view of the above, through the reference 3rd cited, Show Cause Notice has been issued calling for explanation of delinquent Fair Price Shop Dealer why can't his authorization be cancelled for the proven charges against him.

Through the references 3rd cited, imposed penalty an amount of Rs.5,96,677/- (Rupees Five Lakhs Ninety Six Thousand Six hundred and Seventy Seven only) treating it as warning to be more careful in future and treating it as first offence.

Through the reference 4th cited, Sri A.Bharath kumar, dealer, Fair Price Shop No. 1539006 situated Village of Farooqnagar Mandal has submitted his explanation stating that there is variation of PDS Rice (Sanna Biyyam) stock in his shop and requested to drop the further action in the matter.

Through the reference 5th cited, Sri. A Bharath kumar, dealer, Fair Price Shop No.1539006 Farooqnagar Village of Farooqnagar Mandal has submitted original Challan by remitting penalty amount of Rs 5,96,677/ vide Challan Νo. 6505000081, Dt. 30.3.2026.

In view of the above, A.Bharath kumar is hereby permitted as Fair Price Shop dealer of Farooqnagar Village and the Tahsildar,

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Farooqnagar Mandal is hereby directed allot the commodities every month."

DISCUSSION AND CONCLUSION:

4. Learned counsel appearing on behalf of the

petitioner mainly puts forth the following

submissions:

4.1 Pursuant to the initiation of proceedings under Section

6-A of the Essential Commodities Act, 1955 against the

petitioner, the authorization of Fair Price Shop No.1539006,

situated at Farooqnagar Village and Mandal, Rangareddy

District, was temporarily suspended through a show cause

notice dated 30.03.2026.

4.2 The petitioner submitted a detailed explanation on

30.03.2026 in response to the said show cause notice.

4.3 After duly considering the explanation furnished by

the petitioner, the respondent No.3 issued proceedings

dated 01.04.2026 permitting the petitioner to continue

running the Fair Price Shop No. 1539006.

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4.4 In the said proceedings, the respondent No.3 also

directed the Tahsildar, Farooqnagar Mandal, to allot

commodities to the petitioner's fair price shop every month.

4.5 However, despite the issuance of the said proceedings

dated 01.04.2026, no stocks/commodities have been

allotted to the petitioner till date.

Based on the aforesaid submissions, learned

counsel appearing on behalf of the petitioner

contends that, in view of the clear proceedings dated

01.04.2026 passed in favour of the petitioner, the

petitioner is entitled for the relief as prayed for by the

petitioner in the present Writ Petition.

5. The learned Assistant Government Pleader fairly

submits that appropriate orders may be passed in

view of the clear proceedings vide Proc.

No.B/391/2026 dated 01.04.2026, issued by the

respondent No.3, restoring the authorization of Fair

Price Shop No. 1539006, Farooqnagar Village and

Mandal, Rangareddy District, in favour of the

petitioner, with a further clear stipulation directing

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the Tahsildar, Farooqnagar Mandal, to allot

commodities to the petitioner's fair price shop every

month.

6. TAKING INTO CONSIDERATION:

a) The aforesaid facts and circumstances of

the case,

b) The submissions made by the learned

counsel appearing on behalf of the petitioner, learned

Assistant Government Pleader for Civil Supplies

appearing on behalf of the respondent Nos.1, 2 and 5

and the learned Assistant Government Pleader for

Revenue appearing on behalf of the respondent Nos.3

and 4,

c) The contents of the proceedings No.

B/391/2026 dated 01.04.2026, issued by the

respondent No.3 (referred to and extracted above),

d) The discussion and conclusion as arrived at

paragraph Nos.4 and 5 of the present order,

SN,J

The Writ Petition is allowed, directing

respondent Nos. 4 and 5 to implement the

proceedings No. B/391/2026 dated 01.04.2026,

issued by respondent No.3, and to allot commodities

to the petitioner's Fair Price Shop No. 1539006,

Farooqnagar Village and Mandal, Rangareddy District,

within a period of one (1) week from the date of

receipt of a copy of this order and the respondents are

further directed to further continue to allot the

commodities regularly to the petitioner till the

authorization of the petitioner for running Fair Price

Shyop No.153906 Farooqnagar village and Mandal,

Ranga Reddy District is in force. However, there shall

be no order as to costs."