High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings in orders No. J117612O25 dated. 29.01 .2025 as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 2'l and 300-A of Constitution of lndia and set aside the same and consequently direct the respondents to continue the petitioner as the dealer of FP Shop No. 2352017 of Neemmanaiak Thanda, H/o. Chalakurthy, Peddavoora Mandal, Nalgonda District, Telangana State. lA NO: 1 OF 2025 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 operation of the proceedings in orders No. 3117612025 dated. 29.01 .2025 of the 3rd respondent by duly directions to the Respondents to supply Essential Commodities attached to the FP Shop No. 2352017 of Neemmanaiak Thanda, 'H/o. Chalakurthy, Peddavoora Mandal, Nalgonda District, Telangana State in favour of the petitioner, pending disposal of writ petition. Counsel for the Petitioner: M/s B.MADHAVI Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following: ORDER

7. SK, J WP No.S2o4 of 2o2S THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.52O4 of 2025 ORDER:

1. This Petition is filed questioning the irnpugned Proc.No.J/176/2025 dated 29.OL.2O25 issued by the 3rdrespondent with regard to the tempora,ry suspension of arlthorization of ttre petitioner's dealership, ln vlew of pending of 6-..{ proceedings Under the Essential Comrnodities Act, 1955. 2 Heard learned counsel for the petitioner and learned Assistant Governrnent Pleader for Civil Supplies appearing for respondent Nos. 1 to 6. 3 The learned cor-rnsel for the petitioner wourld that the petitioner had been appointed as Fair Price Shop Dealer for Shop No.2352O17, Nirnma Naik Thanda H/o Chalakurthy, Peddavoora Mandal, , "-t f1 SK, J WP No.S204 of 202S Nalgonda District (herein after referred to as subject Fair Price Shop) on O2.O4.2OIB and since then he has been running the said shop without any complaints and the same is being renewed from time to tirne and now it is valid up to 31.C3.2026. Apart frorn the said shop the petitioner is holding In-charge of FP Shop Nos.2352O18 and 2352042 of Chalakurthi Village of Peddavoora Mandd of Nalgonda District.

4. The learned Counsel for the petitioner would further subrnit that respondent No.3 has issued irnprrgned suspension proceedings No.J / 176/2C)25 dated 29.OL.2025 and suspended the amthorization of the petitioner, ternporarily.

5. The learned cor-rnsel for the petitioner would further that the petitioner has submitted his explanation to the show-cause notice dated l8.Ol.2O2S issued by the respondent No.3. The petitioner is continuing under 3 SK, J WP No.S2o4 of 2o2S suspension on the ground that proceedings under Section 6-..4, of the Essential Cornrnodities Act, 1955 are still pending for further enqu.iry. The action of the official respondents in not conducting enquiry is illegal and arbitrary. Hence, this writ petition and requested to allow the writ petition by suspending the irnpugned proceedings dated 29.O1.2025 and reinstate the petitioner as Fair Price Shop Dealer for the subject Fair Price shop. 6 On the other hand, learned Assistant Government Pleader for Civil Supplies would subrnit that the show-cause notice has been issued to the petitioner for conducting an enquiry under the provisions of the Control Order to proceed further in pursuance to the suspension order. As per the physical verification of the stocks in respect of the subject Fair Price Shop there was variation of (-) 23.88 4 SK, J wP No.S2o4 of 2o2S Quintals of FSC rice compared to the register and the distribution register, which is the Essential Commodity, meant for the below poverty line people was misappropriated by the petitioner. The respondents are taking steps to conduct enquiry and pass appropriate orders after giving an opportlrnity to the petitioner and requested to dismiss the writ petition.

7. After hearing both sides and on pemsing the entire rnateria_l on record, this Court is of ttre considered view that the petitioner has been appointed as Fair price Shop Dealer on O2.O4.2Olg for Subject Fair Price Shop bearing No.2352O t7 of Nirnrna Naik Thanda H/o Chalakurthy of peddavora Mandal, Nalgonda District and he was suspended on 29.O7.2025 through impr_rgned order on the ground of pending proceedings under Section 6-,4. of the : 5 SK, J wP No.s2o4 oI2o2S Essential Comrnodities Act, 1955 against the petitioner and the same is contrar5r to the orders passed by this Court in W.P.No.34714 of 2021 dated

16.12.2021.

8. In similar circumstances, this Court tras passed orders in favour of the petitioner therein in W.P.No.34114 of 2O2l dated 16.72.2021, wherein it is stated that mere pendency of the proceedings under Section 6-,4, of the Essential Comrnodities Act, 1955 1S not the ground for suspending the autLrorization of the petitioner therein as Fair Price Shop Dealer. The said finding would squarely apply to the instant case.

9. In view of the above facts and circr.rmstances, the writ petition is disposed of by setting aside ttre impugned suspension proceedings No.J/17612025 d.ated. 2g.O1.2O25 issued. by the 3'd respondent and directing the respondents to restore the authorization of 6 SK, J W No.5zo4 of zoz5 the petitioner as Fair price Shop Dealer for subject Shop No.2352O17 of Nimma Naik Thanda, H/o. Chalakurthy, Peddavoora Manda,l, Nalgonda District within four (O4) weeks from the date of receipt of a copy of this order without reference to the proceedings under Section 6-,{ of the Essential Commodities Act, 1955, pending against the petitioner. However, there shall be no order as to costs.

10. Miscellaneous petitions pending, if any, shall also stand closed. //TRUE COPYII J SD/-K. SREE RAMA MURTHY GISTRAR A.QISTANT RE \F=;,* OFFICER To,

1. The Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector (CS), Nalgonda District at Nalgonda. 3. The Sub Collector, Miryalaguda, Nalgonda District. 4. The Revenue Divisional Officer, Miryalaguda, Nalgonda District. 5. The Tahsildar, Peddavoora Mandal, Nalgonda District. 6. The Deputy Tahsildar (CS), Peddavoora Mandal, Nalgonda District. 7. One CC to M/s. B.MADHAVI, Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana, at Hyderabad. [OUT] PSK BS

9. Two CD Copies s l I I g t,; HIGH COURT SK,J DATED:21 10212025 ORDER WP.No.5204 of 2025 ( q ) c '.) HU ST ,t- 1 0 2 E ild 2025 O5 s r,,rTCilc! t( , 7 C t DISPOSING OF THE WRIT PETITION WITHOUT COSTS oq;o %"