HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Between:
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WP .NO:38837 of 2014 P. Yerri Swamy S/o. P. Pedda Thimmappa, Occ: F.P. Shop Dealer, R/o. D.No.5-104, Belugappa village and Mandal, Anantapur District.
. Petitioner AND
1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad.
2 The Joint Collector, Anantapur, Anantapur District.
3 The Revenue Divisional Officer, Kalyandurgam, Belugappa Mandal, Anantapur District.
4 The Madal Revenue Inspector, Belugappa Mandal, Anantapur District.
5 The Deputy Executive Engineer, Vigilance and Enforcement Officer, Anantapur, Anantapur District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the respondents in issuing 6-A proceedings against the petitioner just basing on the panchanama conducted on 8.12.2014 and further taking steps to sell the stocks seized from the Petitioner's Fair Price shop No.4, situated at Beluguppa village and Mandal, Anantapur District, without conducting any further enquiry under the provisions of the Essential Commodities Act as illegal, arbitrary, unjust, contrary to the provisions of the Essential Commodities Act, 1955 and violation of principles of natural justice, and consequently, direct the respondents to continue the petitioner as Fair price shop dealer of F.P. shop No.4, situated at Belugappa village and Mandal, Anantapur District by releasing the stock seized in pursuance of the panchanama conducted by the respondents 4 and 5, dated 8-12-2014 in the interest of justice.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein upon hearing the arguments of M/S.M.HEMALATHA, Advocate for the Petitioner, learned Assistant Government Pleader for Civil Supplies (A.P.), for Respondent Nos.1 to 4, and of learned Government Pleader for General Administration (A.P.), for Respondent Nos.5, and the Court made the following:
ORDER:
A perusal of the record shows that though the variations in wheat and sugar, allegedly found during inspection of the petitioner’s fair price shop, are well within the permissible limits, respondent No.2, without application of mind, has initiated the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) against the petitioner.
Learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) submitted that in pursuance of the order passed by respondent No.2 under Section 6-
A(2) of the Act, the seized stock has been sold.
Respondent No.2 is, therefore, directed to appear in person and explain his conduct in initiating the proceedings under Section 6-A of the Act against the petitioner in ignorance of Clause-24 of the Andhra Pradesh State Public Distribution System (Control) Order, 2008.
Post on 23.12.2014.
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1 The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Hyderabad.
2 The Joint Collector, Anantapur, Anantapur District.(BY FAX/RPAD)
3 The Revenue Divisional Officer, Kalyandurgam, Belugappa Mandal, Anantapur District.
4 The Madal Revenue Inspector, Belugappa Mandal, Anantapur District.
5 The Deputy Executive Engineer, Vigilance and Enforcement Officer, Anantapur, Anantapur District (1 & 3 to 5 by RPAD)
6 One CC to M/S.M.HEMALATHA, Advocate (OPUC)
7 Two CCs to the G.P. FOR CIVIL SUPPLIES (A.P.), High Court, Hyderabad. (OUT)
8 Two CCs to the G.P. FOR GENERAL ADMINISTRATION (A.P.), High Court, Hyderabad. (OUT)
9 One spare copy.
SRL HIGH COURT CVNRJ DATED: 17-12-2014 NOTE: POST ON 23.12.2014.
ORDER W.P.NO. 38837 OF 2014 DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 17-12-2014 CVNRJ DATED: 17-12-2014 NOTE: POST ON 23.12.2014.
ORDER W.P.NO. 38837 OF 2014 DIRECTION