High Court · 2025

Judgment

2. 3 4 5 6 7 ,Stateof _.Telang-ana, Rep. by its principat Secretary Consumer Affairs, The l god_and Civil Supplies depa rtment, Secretaiiat, Hyderab-ad. I he .l elan-gana. state civil Supplie_s corporation Liinited, office. 6-3- 655/1/A, !loc.k-B, Civil S.uppties Bhavan, Somajiguda, Hyderabad, nep UV id Vi;;f Chairman and Manaqino Director. The Diskict Collector] Ringa Reddy, Ranoa Reddv District. The Additional District collector_'and E-o and 'ED, Telingana state civil 9.upp]ies Corporation Ltd, Ranga Reddy, Ranqa Redciv Distridt. lhe Revenue Divisional Offic-er, lbrahimpqtnam, Rang'a Reddy District. The District Civil Supplies Officer, Rangi Reddy, Rariga neOOV O[irici. Ihe Assistant Civil Suoolies Officer, Circle-lli, Saro-ornagar, Ranga Reddy District. ...RESPONDENTS

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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the 7th respondent letter. No. 45134412018, dated. 28-03-2025, in which they informed that the request of the petitioner for restoration of Fair price Shop cannot be considered as per the note file. No. Asl344l2o18 in Para. No. 20, dated. 18-03-2023 as illegal, arbitrary against the principles of natural justice and in contrary to the petitioner,s Appointment order as Fair Price shop Dealer. consequenfly to direct the respondent authorities to restore the petitioner's Fair price Shop authorization. No. 51/89/RR, dated. 08-02-1989 as per clause 5 of Control Order by r t :i-:r,: -*t:.4r=- r.-, . .ri. i.:-. . considering the petiticner's Challan and application, dated. 21-)3-2025 along with request letter, dated. 24-03-2025 lA NO: 1 OF 2025 Petition underr f]ection 151 cPC praying that in the circum:;tances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the responderl authorities to restore the petitioners Fair price shop authorization. No. 51 it]9/RR, dated. 08-02-1989 as per clause 5 ol control order by considering the pr.'r.itioners Challan and application, dated. 21-)3-2025 along with request letter, dated. 24-03-2025, pending disposat of the writ petition. Counsel for the Petitioner: SRt. CHALAKANI VENKAT YADAV Counsel for the Respondent Nos. 1,3,5to7: Gp FOR CIVIL SUppLIES Counsel for the Respondent Nos.2&4: SRI K. DEVANDER, STANDING COUNSEI,. The Court made the following: ORDER i I fl, (\ THE HON'BLE SMT. JUSTICE T. MADHAVI DE\'I WRIT PETITION No.10943 of2O25 ORDER: This Writ petition is filed seeking a Writ of Mandamus declaring the letter dated, 28.03.2025 issued by respondent No.7 informing the petitioner that the fair price shop of the petitioner _..cannot be.restored due to the pendency of the criminal case against -::-.il-=-.. -_.-:- i:- .-;::.:!r---: .- him as illegal and arbitrary.

2. Brief facts leading to the filing of the present Writ petition are that the petitioner was appointed as the authorized dealer of the fair price shop No.l585l 87, Sachivalaya Nagar, Vanasthalipuram, and due to some variations found in the stock of blue kerosene oil, the authorization of the petitioner has been suspended and the proceedings under Section 64. of the Essential Commodities Act, 1955 (for short, 'the Act'), were initiated against him. The petitioner claims to have submitted an explanation to the charges against him and thereafter, proceedings under Section 6,4' of the Act were also concluded. The petitioner made a representation to the respondents to restore his authorization; however the request of I / TMD] wp_1 1943_2025 2 the petitioner has been rejected, citing the pendency of a ;riminal case against tht: Petitioner Therefore, the present Writ Pet tion has been filed Learn':d Goverrment Pleader for Civil Supplies' appearlng 3. for respondent.s No.1, 3, 5 to 7, has lorwarded the cop'y of the written instl'trctiot-ts which contain the circumstances under which the petitioner'' s authorization has been suspended and it is also stated that the disciplinary authority has decided to initiate disciplinary prroceedings against the petitioner' {isl1'g'isf it is noticed that no lurther action has been initiated by tl.re authorities and the onlY reason for rejection of the petitioner's tequest to restore his authorization is the pendency of a criminal case against

4. Hav ng regard to the submissions of learned t ounsel on eitherside,thisCourlisoltheopinionthatsubjt'cttothe finalization c,f the criminal case, the authorization ol the petitioner can be restored. Accordingly, this Writ Petition is dispo:;ed of with a directior-r to the respondents to restore the authorizat'ion of the petitioner sLrbject to the finalization of the criminal case against the 3 TMDJ wp_L0943 2025 petitioner. The respondents are at liberty to take action in accordance with law with regard to the disciplinary proceedings against the petitioner, if they so choose. There shall be no order as to costs. 5 Miscellaneous applications, if any, pending in this writ petition. shall stand closed. To, //TRUE COPY// SD/.K. SREE RAMA MURTHY EPUry REGISTRAR SECTION OFFICER ",,

1. The Principal Secretary gonsumer Affairs, Food and Civil Supplies ^ gepartment, Secretariat,T.S., HvOeraOra z. I ne uhatrman and lVlanaging Director. Telano jffi i3 Y lj % "o'fsi!iA,'t",i1193: HI'S, f llJ! Corporation Limited. C S o m aj i g u d a, r ro o, 3. The District Coilector. R 4 ril ffi ;ii;il'D'i;ilJt*33fr":,""i:'"["EE T;3t[B]'ti8[nsana State civir .iH3'i'$""^:,J3tijl",J"!,fu ft ipiit:l*l,iaa'Jt:*g;["'!jfJr*ffeuv 6. The District Civit Suonties otrrcer, nanrif R1;Ui,'i:"g, Reddy District. 7. TherAssistant Civit'Suppties o,tid;,ti;;ie:iil'dlroornrsrr, Ransa Reddy B. One CC to SRI. CHALA e rd -cc; 6'"F ?6flqdi-SJ,'.tP$Y*,01"Affir?;rf,r" stut" or .^ Telangana at Hyderabad tOUn 10.one cc to sRt.- K DEVANDEF{, STANDTNG COUNSEL topucl 1 1 . Two CD Copies --' ErLv .,iB?':".: 'r rrvrr BM BS II I CC TODAY --=Li{E;TA 7-5 + (\/ 2B A'IB 2Dz5 p Z \. .\.] +1 * l:'i) HIGH COURT DATED:2510412025 ORDER WP.No.10943 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS et ql>(