Machannagari Laxma Reddy v. The State of relangana

Petition Under Article 226 of the Constitution .of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction preferably Writ of mandamus, declaring the Order dt.10l3l2026 vide proc. No. E147312026 passed by the respondent no.3 suspending thg authorization of the petitioners fair price shop no.6.of Dhobipet (v) Shankerpally (M) Ranga Reddy District, as illegal, arbitrary, and in violation of principles of Natural Justice and consequently set aside the said order. !.A.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 operation of the order dt.10-3-2026 vide proc. No. E147312026 passed by the respondent rro.3 and allow the petitioner to conduct fair price shop as usual pending disposal of vr'rit petition. Counsel for the Petitioner : SRI M.V.HANUMANTHA RAO Counsel for the Respondents : AGP FOR CIVIL SUPPLIES The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.9597 of 2O26 DATE: 31.O3.2O26 Between : Machannagari Laxma Reddy The State of Telangana, Rep. by its Principal Secretary, And Consumer Affairs, Food and Civil Supplies (CS- 1 ) Department Secretariat, Hyderabad and others ...Petitioner ORDER Respondents Heard Sri M.V. Hanumantha Rao, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents.

#2. graver as under: "...to issue Writ, order or direction preferably Writ of mandamus, declaring the Order dt. 10-3-2026 SN,J W.P.No.9597 of 2026 r.- l..i vide proc. No. E/473/2O26 passed by the respondent no 3 suspending the authorization of the petitioner's fair price shop no.6 of Dhobipet (v) Shankerpally (M) Rarga Reddy District, as illegal, arbitrary, and- in violation of principles of Natural Justice and consequently set aside the said order and pass other orcler or order(s) as this couft deems fit and proper in the interest of Justice." 3 i) The petitioner is a Fair price Shop dealer of shop No.6 at Dhoi:ipet Village, Shankerpally Mandal, Ranga Reddy District, and has been running the shop for about 16 years under a valid authorization issued under clause 5 of the A.p. State F'ublic Distribution system (control) order, 200g, without any complaints. ]i) while so, a criminal case in crime No.94/2o26 was registered against the petitioner by shankerpally police station in connection with an alleged road accident occurred on 09.03.2026, in which the petitioner was later enlarged on bail on 13.03.2026. ---------*-__--- ,, i I -d ,c ,;-€ 3 w.p.No.e5e7 of ;1'j 'ii) However, without issuing any show cause notice or conducting any enquiry, the respondent No.3, by order dated 10.03.2026, suspended the petitioner,s authorization solely on the ground of registration of the said criminar case and temporary inabirity to perform duties. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition. PERUSED THE RECORD: A) extracted hereunder: ..Accordingly, it is hereby ordered that the dealer of nearby Fair price Shop No.07 Sri. MD Ayub Jhan S/o Mohd Ghouse Khan Dhobipet Viltage of Shankerpaily Mandat who is nominated person shall look after the operations of Fair price Shop No.06 Dhobipet Village Village oF Shankerpaily Mandal as In_charge dealer temporarily until further orders. The In_charge deater shall distribute the essential commodities stricfly in 4 SN,l W.P.No.9597 of 2026 aciordance with the Public Distribution System norms and maintain all prescribed registers and re,:ords properly. The Tahsildar, Shankarpally Mandal shall supervise the functioning of the shop and ensure that the distribution of commodities to all eligible ration card holders is carried out without any Interruption. These orders shall come into force with inrmediate effect and remain valid until further orders." 4 submissions:

4.t The impugned order dated 10.03.2026, vide proceedings No. E/47312026, passed by Respondent No.3, suspending the authorization of the petitioner's Fair Price Shop No.6 at Dhobipet Village, Shankerpally Mandal, Ranga Redd1, District, is illegal, arbitrary, and in violation of the principles of natural justice. ,/ 5 SN,J w.P.No.9597 ot 2026

4.2 The pendency of a criminal case against the petitioner cannot be a ground to deprive the petitioner of the right to run the fair price shop, as the petitioner's authorization to run the said shop subsists as on date. Therefore, the petitioner is entitled to function as the dealer of Fair Price Shop No.6 at Dhobipet Village, Shankerpally Mandal, Ranga Reddy District. Based on the aforesaid submissions, learned counsel aooearino on behalf of the oetitioner contends that the oetitioner is entitled for the relief as orayed for bv the oetitioner in the present writ petition.

#5. Learned Assistant Government Pleader fairly submits that the impugned proceedings dated 10.03.2026 issued by Respondent No.3 is only an in-charge arrangement made for the smooth distribution of essential commodities, as the petitioner was remanded to judicial custody. He further submits that, upon the petitioner approaching the respondents herein with an application seeking continuation 6 (' sN,l W.P.No.9597 of 2026 as the dealer of Fair Price Shop No.6 at Dhobipet Village, Shank,:rpally Mandal, Ranga Reddy District, the request of the petitioner would be duly considered in accordance to law.

#6. -l-his Court opines that the mere registration of a criminal case against the petitioner cannot be construed as proof ,rf the petitioner's involvement in the said crime. It is not in dispute that the guilt or otherwise of the petitioner has not yet been established. There is no provision providing for automatic termination of authorization on account of the pendency of a criminal case. Under criminal law, an accused is presumed to be innocent unless proven guilty. In this reoard, reliance mav be olaced on the Mehta v. State (NCT of Delhi) reoorted in 2013 (15) SCC 57O, wherein it was held that mere involvement or accusation in a criminal case cannot be a oround to deny rights, in the absence of proof of quilt.

#7. TAKING INTO CONSIDERATION: / 7 SN,J W.P.No.9597 of 2026 a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents, c) The contents of the impugned proceedings No.E/473120.26 dated 10.03.2020 of the respondent No.3 (referred to and extracted above), d) The fact that there is no provision under taw providing for automatic termination of a fair price shop dealership on the mere ground of registration of \ a criminal case against the dealer, e) The discussion and conclusion as arrived at paragraph Nos.4 to 6 of the present order, The writ on is disoosed of, irectino the oetitioner to aporoach the respondents herein bv wav of a detailed representation seekino continuation as the dealer of Fair Price Shoo No.6 at Dhobioet Villaqe, 8 (: SN,J W.P.No.9597 of 2026 shankerpalty Mandal- Ranoa Reddv District. within a period of one (1) week from the date of receipt of a copy of this order. UDon receiDt of such represgtation the respondents Afe directed to consider the same and oass aopropriate orders in accordance to law within a oeriod of one (1) week thereafter, and duly communicate the decision on the saia nepresentation to t shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// ASSISTANT SdTB.REKHA RANI yslsrRAR (7/ SECTION OFFICER To

#1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies (CS-1) Department Secretariat, State of Telangana at Hyderabad.

#2. The District Collector (CS), Ranga Reddy District, At Kongarakalan, R.R. Dist. 3. The Revenue Divisional Officer, Chevella, Ranga Reddy District. 4. The District Civil Supply Officer, Ranga Reddy District At District Collector complex, Kongarakalan, R.R. District.

#5. The Tahsildar, Shankarpally(M) Ranga Reddy District. 6. Twc, CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad. [OUT]

#7. Oner CC to SRI M.V.HANUMANTHA RAO, Advocate [OPUC] 8. Twc, CD Copies 'lo@ HIGH COURT DATED: 31tO3t2OZ6 ORDER WP.No.9S97 ot 2026 i,LiE S .) l) i , I ! 1 5 APH 2[28 * ,t DISPOSING OF THE W.P WITHOUT COSTS. Trrs )s,lii: a t / C.C. TODAY i I I ! I I I I