The Court held that seizing essential distribution machines without a valid order under the Control Order was illegal and arbitrary. The petition was allowed, directing the return of machines to the petitioner.
Return of electronic weighing scale and e-Pos machine to the petitioner and supply of essential commodities.
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.20495 of 2019
ORDER:
This Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus , questioning the action of the respondents 2 and 3 in illegally interfering with the distribution of essential commodities by the petitioner in fair price shop No.1249040, Prashanthigram, Puttaparthy Mandal, Ananthapuram District, pressurizing her either to submit her resignation or to go on leave, declare the same as illegal and arbitrary, and consequently direct the respondents 2 and 3 forthwith return back the e-Pos machine and electronic weighing machine to the petitioner to distribute essential commodities to the card holders allotted to the shop of the petitioner.
It is the case of the petitioner that the petitioner was appointed as fair price shop dealer for the fair price shop No.1249040, Prashanthigram, Puttaparthy Mandal, Ananthapuram District, and her authorization is valid as on date. Though, no complaint was lodged against this petitioner, for one reason or the other, the respondents 2 and 3 took away the electronic weighing scale and electronic Pos device from the shop of this petitioner, handed over them to one Sathyam and Ravinder on 02-08-2019 and now both the machines are under the custody of one Sathyam. Therefore, the petitioner was disabled to distribute essential commodities to the card holders using electronic machine and electronic weighing scale, without passing any order under Clause 8(4) of the Control Order, 2018, same is illegal.
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The learned Government Pleader for Civil Supplies placed on record the written instructions contending that the petitioner is functioning as fair price shop dealer till date. Every month the essential commodities were supplied to the shop of the petitioner for distribution to the card holders and copy of release order is also placed on record. Therefore, the question of issuing any direction does not arise and requested to pass appropriate order.
As seen from the record, the petitioner was appointed as fair price shop dealer for the shop No.1249040, Prashanthigram, Puttaparthy Mandal, Ananthapuram District, no complaint was lodged so far against this petitioner, but for one reason or the other, the 2nd respondent is pressurizing the petitioner to go on leave or to resign to the dealership for the said shop and took away the electronic weighing scale and electronic device, thereby disabled the petitioner to distribute essential commodities to the card holders since the petitioner is under obligation to distribute essential commodities with the help of electronic weighing scale and electronic device. Two machines were handed over to said Sathyam, which is supported by the material on record i.e., handing over of those machines to Sathyam by one Ravindra and the receipt of the same was acknowledged by one Sathyam, who acknowledged receipt of the machines in the presence of A.Sreenivas, Village Revenue Officer etc.,
The two machines referred above can be seized only when the petitioner committed any irregularity in distribution of essential commodities to the card holders allotted to her shop. But, surprisingly no such irregularity committed by this petitioner was found and no disciplinary proceedings are initiated, no order exercising the power under Clause 8(4) of the Control
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Order, 2018 was passed till date to disable the petitioner to distribute essential commodities to the card holders as per the instructions issued by the department and in compliance of Control Order, 2018. Such act of the 2nd respondent is against the Control Order exercising such power without any authority by the 2nd respondent is highly depreciable, when the petitioner did not heed to the words of the 2nd respondent, either to resign or to go on leave, so as to allot the shop to others, the 2nd respondent took away the electronic weighing scale and electronic machine only to deprive this petitioner to distribute the essential commodities to the card holders allotted to her shop. Therefore, the action of the 2nd respondent is highly arbitrary, and in those circumstances, this Court has no option, except to direct the 2nd respondent to return the electronic weighing scale and electronic machine, in the same condition, when it was taken away, to this petitioner forthwith and supply essential commodities to this petitioner until the authorization of this petitioner is suspended or terminated, strictly adhering to the conditions of Control Order, 2018.
With the above direction, this Writ Petition is allowed. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 18-12-2019 IS
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HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.20495 of 2019
Date: 18-12-2019
IS
1 issue framed by the court
Whether seizure of electronic weighing scales and e-Pos machines without passing an order under Clause 8(4) of the Control Order constitutes illegal interference with fair price shop operations.
2 provisions across 2 enactments
Fair Price Shop Dealer (No.1249040), Prashanthigram
Respondent 2 (Officer pressurizing resignation)
Respondent 3 (Officer involved in seizure)
M. Satyanarayana Murthy
As recorded by the court registry
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