The High Court · 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 direct the Respondents to allot the essential commodities to the Petitioners Fair Price Shop to distribute the same to the card holders by suspending the Proceedings No 52812024, dated 10.12.2024, issued by the 4th Respondent in temporary removing the authorization of the Petitione's, Fair Price Shop No.4005029, Huzurnagar, Suryapet District pending disposal of the Writ petition in the interest of justice and equity. Counsel for the Petitioner: SRI K. VENKATARAMANAIAH Counsel for the Respondent No.1 to 3 & 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4 & 6: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAYI DEYI WRIT PETITION NO.8020 0F 2025 ORDER: The Writ Petition is filed seeking the following relief: "...to issue an appropriate Writ order or direclion more particularly one in the nature oJ the Writ of Mandamus declaring the proceedings oJ 4th Respondent vide Letter No'528/2024 dated l0'12'2024 in rejecting the representation dt. 20.09'2024 for restore the authorization of rhe Petitioner's Fair Price Shop No'4005029, Huzurnagar' Suryapet District on the ground that the petilioner involved in crime no'142/2024' P.S.Huzurnagar and temporarily allotted the petilioner fair price shop to the neighboring shop no.1005028 and not restoring to lhe petitioner fair price siop is illegal, arbitrary, controry to lhe control order 2016' and in 'violation of the principtes of natural iuslice and lhe fundauental rights guaranteed under the Constilution oJ India and by setting aside lhe same' direct the Respondents to re-allot the fair price shop no.4005029, Huzurnagar' Suryapel District along wilh essential "orr"qu"nrly commodities to lhe Petitioner's Fair Price Shop to distribute. the same to the card holders in the interest ofJustice and equity and pass" " ) Leamed counsel for the petitioner submitted that the petitioner has been given authorization for fair price shop No'4005029' Huzumagar,suryapetDistrict,intheyear2023andthepetitionerhas been running the said shop without any complaints so far' It is submitted that an FIR was registered against the petitioner in FIR No.142 of z)24under Section 306 read with Section 34 IPC on the file of Huzumagar Police Station, Suryapet District. Leamed counsel for the petitioner submitted that as the petitioner is accused therein and on the ground that a criminal case is filed against the petitioner, respondent TMD,J W.P. No.8020 of 2025 2 No.4 issued proceedings dated 14.06.2024 suspending the authorization of the petitioner and also issued proceedings dated 26.06.2024 allotting the petitioner's fair price shop to the neighbouring shop and further, the application of the petitioner for renewal of the authorization has not been rejected by proceedings dated io.r2.zo24. He lurther submitted that the criminal case against the petitioner is not under the provisions of the Essential commodities Act and it is only on an alleSiation against the petitioner on her personal account and therefore, the sarne should not be considered as an impediment to continue her dealership. He placed reliance upon the decision of this court datetr 22.02.2024 in W.P.No.2988 of 2024 in support of his contentions.

3. Leamed (iovemment pleader for Civil Supplies, appearing for respondents No.1 to 3 and 5 submitted that the petitioner.is involved in a criminal case and therefore, her license has been suspended. The respondents have relied upon the provisions of the 'felangana State Public Distribution System (Control) Order, 2016 ancl Cause a(5) in Annexure-I thereunder for suspension of the authorization.

4. Having regard to the rival contentions and the material on record, this court finds that the respondents have suspended the authorization of the petitioner on the ground of her involvement in th: criminal case I TMD,J W.P. No.8020 of 2025 3 under IPC and not under the Essential Commodities Act or any other similar law. In this case, the petitioner is an accused in FIR No.142 of 2024 of Huzumagar Police Station, Suryapet District, in her personal capacity and unless she is found to have indulged in the mismanagement of her fair price shop dealership, the respondents could not have taken action under the Essential Commodities Act. This view has already been expressed by this Court in W.P.No.2988 of 2024 vide order dated

22.02.2024.

5. In view above submissions, this Writ Petition is allowed by setting aside the impugned proceedings dated 10.12.2024 and the respondents are directed to restore the authorization of the dealership of Fair Price Shop No.4005029, Pluzurr:ragar, Suryapet District, of the petitioner and also consider the renewal of the licence of the petitioner in accordance with law.

6. With the above directions this Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, in the Writ Petition shall stand closed \ To, //TRUE COPY// SD/-P.PADMANABHA DDY DEPUTY RE STRAR 1 . The Principal Secretarv. Civil.supply Department, State of Telangana, Dr. - B,R. Ambedkar Secret'ahat, nyOeia6ad.'- 3 Iis Si:i?'f s[",Hig,i3si',.: ff : iJl511 ff,1, n ." ent, Hvd e ra bad SECTION OFFICER \-/ 't

4. The Revenue Divisional Officer, Huzurnagar Division, Suryapet District. 5. The District Civil Supply Officer, Suryapet District. 6. The Tahsildar. Huzurnagar Mandal, Suryapet District. 7. One CC to SRI K. VENKATARAIVIANAIAH, Advocate [OPUC] B. Two CCs to GP FOR CIVIL SUPPLIES, High Court.for the State of

9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana Telangana. [OUT] louTI '10.Two CD Copies BN LS 5 HIGH COURT \ DATE D : 1 910312025 I I I t t ORDER WP.No.8020 of 2025 ( 1 o :-!\ it,ar6: o | !( I-) \ v 7 c) r" t 03 t\iti 2$25 t D55; o 11Cd DISPOSING OF THE WRIT PETITION WITHOUT COSTS @qiE \b +\16- I I I I I