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CDJ 2026 TSHC 771 My Notes print Preview print print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 25891 of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIL KUMAR JUKANTI
Parties : Bhukya Venkanna Versus The State of Telangana, Rep. by its Principal Secretary & Others
Appearing Advocates : For the Petitioner: Ramesh Kumar Boddu, Advocate. For the Respondents: GP For Civil Supplies.
Date of Judgment : 06-08-2026
Head Note :-
Subject
Judgment :-

1. This writ petition is filed with the following prayer:

               “…to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing Show cause Notice vide No. A2/CS/181/2026 dt. 6.2026 and keeping the petitioners authorization under suspension of Shop No. 3302102/593 of Uppal Circle, Medchal Malkajgiri District and not considering the explanation by the petitioner Dt.30.06.2026 is illegal, arbitrary, contrary and being violative of Article 14, 16 and 21 of constitution of India and also contrary to the Clause 24 of State Public Distribution System Control Order 2016 and consequently direct the respondents to continue the petitioner as Fair Price Shop Dealver for Shop No. 3302102/593 of Uppal Circle, Medchal Malkajgiri District and pass…”

2. Heard Mr. Ramesh Kumar Boddu, learned counsel for petitioner, Mr. G. Nagaraju, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

3. Perused the material on record.

4. Learned counsel appearing for the petitioner submitted that a show-cause notice dated Nil/June 2026, Ex.P2, (Page No.14), was issued to petitioner for the following charges.

               “CHARGE:

               That the dealer authorized dealer in connivance with other (02) persons is is involved in illegal transportation of the PDS commodities, thereby contravened the Clause 17(e) of TSPDS (Control) Order; 2016, violated Condition 8 of Form-II authorization issued under TSPDS (Control) Order, 2016 and violated Condition 4(5) of Annexure-1 r/w Clause 19 of TSPDS Control Order 2016:

               Therefore the authorized dealer of FPS No.3302102, Uppal Circle, Medchal-Malkajgiri District is hereby, called to show cause as to why suitable departmental action should not be initiated against his for contravening the provisions of TSPDS (Control) Order, 2016. The explanation of the said dealer should reach this office within (3) days from the date of receipt of this notice or on the date of hearing failing which it would be construed that the dealer has no explanation to offer and the matter will be decided accordingly based on the material available on record.

               The dealer is "further" directed to present his/her case either in person or through an advocate along with a written explanation on 29.06.2026 at 5 P.M. before the District Civil Supply Officer, Medchal-Malkajgiri District.

5. The show cause notice emanated from the Office of District Civil Supplies Officer, Medchal-Malkajgiri District. Pursuant to show-cause notice, petitioner herein has offered his explanation, received in the Office of District Civil Supplies Officer on 30.06.2026, Ex.P3, (Page No.15).

6. It is submitted by learned counsel appearing for petitioner that petitioner has been following the instructions and the regulations and control orders without any deviation. That in spite of which, a show-cause notice was issued on the ground that he is involved in illegal transportation of the Public Distribution System Commodities.

7. On the other hand, the learned Assistant Government Pleader appearing on behalf of official respondents submitted that it is a mere show-cause notice and that the petitioner is estopped from filing a writ petition challenging the show-cause notice. That the explanation offered to the show-cause notice shall be duly considered in accordance with law.

8. Heard learned counsels, perused the record and considered the submissions.

9. It is not in dispute that show-cause notice dated Nil/June, 2026 issued by the Office of District Civil Supplies Officer, Medchal-Malkajgiri District is addressed to petitioner. Petitioner is running a fair price shop bearing No.3302102/593, Uppal Circle, Medchal-Malkajgiri District. As per show-cause notice, the dealer is charged for illegal transportation of PDS Commodities in connivance with two (02) other persons and thus contravened Clause 17(e) of TSPDS (Control) Order, 2016 and Condition 8 of Form-II of the same year and Condition 4(5) of Annexure 1 r/w Clause 19 of TSPDS Control Order, 2016. Pursuant to show-cause notice, an explanation was offered by petitioner, and it is informed to this Court that explanation offered is pending consideration.

10. Having considered the entire factual matrix of the case, without going into merits of the case, this Court is of considered opinion that explanation dated 30.06.2026, Ex.P3, (Page No.15) shall be considered in accordance with law by the Office of District Civil Supplies Officer, Medchal-Malkajgiri District within a period of four (04) weeks from the date of receipt of a copy of this order. No steps shall be taken for a period of four (04) weeks, in the meantime, the explanation offered shall be dealt with and disposed of.

11. With the above observations, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

 
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