APHC010573332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29643/2023 Between:

1. DARLA BRAHMHANDA RAO, S/O THIRUPAL, AGED ABOUT 53 YEARS, PENUMAKA VILLAGE TADEPALLI MANDAL, GUNTUR DISTRICT.

...PETITIONER AND

1. THE STATE OF AP, REP. BY ITS SECRETARY, CONSUMER.AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE COLLECTOR CS, GUNTUR, GUNTUR DISTRICT 3. THE SUBCOLLECTOR, TENALI, GUNTUR DISTRICT

4. THE TAHSILDAR, TADEPALLI, GUNTUR DISTRICT

5. THE DEPUTY TAHSILDAR PDS, , MANGALAGIRI, GUNTUR DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd Respondent in imposing penalty of Rs. 1,00,000/- rupees by his proceeding RC. 594/2023-A dt.12-05- 2023 without conducting any enquiry is illegal, arbitrary and violation of principals of natural justice and consequently set aside the same and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and to pass IA NO: 1 OF 2023 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 suspend RC. 594/2023-A dt.12-05-2023 issued by N-P the 3rd respondent by continuing the petitioner as FP Shop Dealer of Shop 0711001 of Penumaka Village, Krishna District, pending disposal of the writ petition, and pass IA NO: 1 OF 2024 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 vacate the Interim order dated 16.11.2023 passed in lA.No.1 of 2023 in W.P.No. 29643 of 2023 and pass Counsel for the Petitioner:

1. K SRINIVAS Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES The Court made the following order:

The grievance of the petitioner is that without conducting any enquiry, respondent No.3-Sub-Collector & Sub-Divisional Magistrate, Tenali vide Rc.594/2023-A dated 12.05.2023 imposed a penalty of Rs.1,00,000/- on the petitioner for the alleged irregularities said to have been committed by him in distribution of Essential Commodities to the cardholders of Fair Price shop No.0711001.

2. Heard Sri K.Srinivas, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that respondent No.3 issued a show cause notice dated 20.03.2023 to the petitioner alleging irregularities with regard to variation of stock, for which the petitioner submitted his explanation denying all allegations in the said show cause notice and stating that he was lacking adequate accommodation to take delivery of the regularly allotted stock to his shop, therefore, he kept the stock temporarily in a nearby house and subsequently the said stock (i.e., supplied under PMGKY) were converted into regular allotment of sortex by naming it as fortified rice and the stock being distributed for the month of March 2003 was allotted after deducting the quantity available with petitioner under fortified rice. However, without considering the said explanation, a criminal case was filed against the petitioner and the Civil Supplies Deputy Tahsildar was directed to conduct a personal inspection to verify whether additional rice bags were available in the nearby house as stated by the petitioner. He further submitted that the petitioner filed Writ Petition No.6800 of 2023, wherein respondent No.4 was instructed to take ap