High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumslancgg stated in the affidqvit fired therewith, the t{ign'cJurt mav oe pleased to issue an appropriate writ, ordei or direction, more one in the nature of writ of mandamus declaring action of the Responoeni ilo.iiri is.uing the impugned letter ccs Ref No.pDSl 1(1).'4BtJsKr2o22, Dt19-06-2024 directing the Responp.qnt- No. 3 to impose three' times penarty against petitioner in cannecJion with 6,4 case on Fair price Shop No. zsoToo2 an-d frrther inaction in consider Petitioner's representations Dt3o-og-202 4 and 23-12-2024 for issuance of..orders to continue my dealership Fair price shop No. zsoloo2 at Garefatry Village, Kataram Mandal, Jayashankar-Bhupalpally District is illegal, arbitlary'and violation of prticles 14, 19,21 of constitution oi lndia, conseq"ugnfly direct 1ne Respondents No.2 to consider petitioner's representations Dt 30-og-202 4 and 23- -particularly 12-2024 and issue orders to continue Petitioner's dealership Fair Price Shop No. 2507002 at Garepally Village, Kataram [t/landal, Jayashankar-Bhupalpally District by setting aside the impugned letter CCS Ref No.PDS11(11481J5K2022, Dt19-06- 2024 issued by the Respondent No. 2 IANO:1OF2 25 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 consider the representations of the Petitioner Dt3Q-08-?024 and ?3-12-2824 for issuance of orders to continue my dealership Fair Prige Shop Nq, 259700? at gdrepally Village, Kataram Mandal, Jayashankar-phupqlpally pistrlct lA NO: 2 OF 2025 f-.+-------=----- Bgtwee4:

1. The State of Telangana, Rep. by its Principal Secretary, Consumgr Affairs, Food a-nd Civil Supplies Department, Secretariat, Hyderabad

2. The Commisslgner Consumer Affairs, Food and Civil Supplies Depa(pent, ' Telan$qna State at Hyderabad 3. The Diskict Cqllectqr (Civil supplies), Jayashqlkar-Bhupqlpally District, At Qhup4lpally

4. The Di9lrict Qivil Supply Qfficer, Jayashankar-Bhupalpally DistriQt, At Bhupalpally.

5. The Bevenue Divisional officer, Bhupalpally Divisiqn, JayashanhAr- Bhupa!pally Distrrct. ., -:, 6 fheTehSildar, Kataram Mandal, Jayashankar'-Bhupalpally Districj. ANP Polu Rajamouli, S/o Late P. Venkatesham Aged about 61 years, Oqc Ration Shop DEaler, R/o H No. 2-45lB. AngadiBazar. Kataram Village and Mandal, Jayashankar - Bh upalpally District. ... PETITIONEBS/BE9PONDEl.{TS ,..RESPONPENT/PETIIIONER Petitieo pnder Section 151 CPC praying that in the cirggmstapces stated in the affidgvit filed in support of the petition, lhe High Cou( rpay be plqase( t9 vacate the interim order dated: 08-0 1-2025 in W.P.No.195 of 2025 and alqo dismiss the Writ Petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.5&6: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI oRDER: W.P.NO. 195 0F 2025 In this u.rit pelition, the petitioner is challenging the action of the respondent No.2 in issuing the impugned letter d.ated 79 .06.2024 directing the re spondent No.3 to in-rpose three times penalty against petitioner in connection with 6A proceedings in respect ol Fair Price Shop No.2507O02 and further inaction on the part of the respondents to consider the petitioner's representations dated 30.O4.2024 and 23.1'2-2024 and lor non issuancc ol ordcrs to continue the petitioner's dealership Fair Price Shop No.25O7OO2 ar Garepally Village, Kataram Mandal, Jayashankar Bhupalpally District. as illegal and arbitrary and consequenlly to set aside the im1>ugned letter dated i9.06.2O24 and to direct the respondent No.2 to consider the petitioner's representations dated 30.O8.2024 and 23.12.2024 and to continue the petitioner's dealership Fair Price Shop No.25070O2 at Garcpally Village , Kataram Mandal, Jayashankar Bhupalpally District and to pass such other order or orders in the rnterest ofjustice.

2. Lczrrned counse I for the petitioner su bmitted that on the ground of certain variations in the stock o[ PDS rice in the Fair Price Shop No.25O70O2, being run by the petitioner, the E ? l 2 respondents have issued proceedings dated 02.1L.2023 levying the penalty of Rs.1,64,3721- on the petitioner and the petitioner also paid the said penalty amoun t as acknowledged vide proceedings dated 15.04.2O24. It is submitted that thereafter, when the petitioner has sought for release of stocks for his fair price shop, the respondents have issued the impugned letter dated 19.06.2024 seeking to impose further penalty i.e., a total of three times of thc variations under Clause l7(C) of the Telangana State Public Distribution System Control Order,

2016. Challenging the same, the present writ petition has been frled.

3. Learned counsel for the petitioner submitted that as per the Control Order-2O16, rhe penalry has already been ievied and the petitioner has already paid the amount and therefore, they cannot now revise the order without issuing any nolice to the petitioner and therefore, it is bad in law. He therefore, seeks a direction to the respondents to issue the stocks to the petitioner and to continue his dealership.

4. L,earned Government pleader appearing for the respondents has filed a counter affidavit along with Stay Vacate Petition and it is stated that the Government has issued a Circular dated 02.O5.2024, to levy the penalty of three times of 3 the PDS variations under Clause 1Z(C) of the Telangana State Public Distriburion System Control Order, 2016 and since the respondents, in this case have levied only one time penalty, it was sought to be rectified by issuance of the retter dated 19.06.2024.It is submitted the impugned letter was addressed to the Collector. Jayashankar Bhupalpally, by the ofl.ice of the Commissioner, Oivil Supplies and the District Collec.tor is yet to issue notice to the petitioner. He has also drawn the attention of this court ro clause 17(C) of the Telangana State pubiic Distribution System Control Order-2016, to subnrit that the penalty to be levied is three times the difference between the market rate and pDS rate and the word used is .shall,and 'may' and therefc,re, the penarty to be levied is three rin_res of the varlation

5. I{aving regard to the rival contentions and the material on record, this Court finds that Clause 17(C) of rhe Telangana State public Distribution System Conrrol Order, 2O16, governs the issue of ler,y of penalff and the worcl used in the said clause is .shall, and not .may,. Therefore, it is but necessary to lely rhe penalty of three times of the variation:rnd the Circular No.CCS.Ref.No.pDS.II(I)/4 B/2022, dared 02.O5.2024 also reiterates rhis position. Therefore, the District I I 4 Collector ought to have levied three times penalty, instead, he has levied oniy one time variation of penalty on the petitioner and the petitioner had also paid the same. If the District Collector intends to revise the same, he ought to have issued . show cause notice to the petitioner and thereafter, proceeded with the matter. The District Collector i.e., respondent No.3 is therefore given liberty to proceed in accordance with law and issue notice to the petitioner with regard to the penalty to be paid by the petitioner and thereafter proceed in accordance with law and in the meantime, since the petitioner is not at fault for not levying the penalty of three times, the respondents are directed to issue stocks to the petitioner subject to the petitioner giving an undertaking to make payments of the penalty, if levied by the competenL authority subsequently.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 7 . Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MU DEPUW REGI Y SECTION OFF]CER To,

1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad

2. The Commissioner Consumer Affairs, Food and Civil Supplies Department, * Telangana State at HYderabad 3. ihe District Collector (Civil Suppties), Jayashankar-Bhupalpally District, At BhuPalPallY 4'TheDistrictCivilsupplyofficer'Jayashankar-BhupalpallyDistrict'At BhuPalPallY. ' Ji:Affii;'3,3;Y:i1""' orricer, Bhuparpary Division, Jayashankar- 6. The Tahsildar, Kati z. one cc to sRr *:ram 8 Two ccs to Gp a,^tot' u Mandal' Jayashankar-Bhupalpally BHASKAR Advocate toPucJ JR clvll SUPPL,ES ,High court for the state of Revenue, Hish courr ror rhe srate or reransana at lelangana. [opr] Iy.:Prni: r3.5Ji,. ,*o CD Copies District. ^^JO BS g HIGH COURT DATED:1710312025 ORDER WP.No.195 of 2025 F r-rit 5 ,1, c o Y ) ',. 01 APn [rJ2s o (' 2 a o F..,- o rrcvtE o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS 09ry', I 6 7 , ( I I I