Andhra Pradesh High Court – Amravati
22.05.2026 Gtk vs Sales on 22 May, 2026
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: W.P.No.14771 of 2026
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
01. 22.05.2026 GTK,J
Heard learned counsel representing Mr.Sk.Rafi,
learned counsel for the petitioner, and the learned
Assistant Government Pleader for Civil Supplies.
The impugned order dated 14.05.2026 is
assailed in the present writ petition.
The principal contention of the learned counsel
for the petitioner is that the impugned order dated
14.05.2026 suspending the authorization pending
enquiry does not contain the explanation submitted by
the petitioner and it only states that in view of the
relevant clause and in terms of the circular instructions
of the Commissioner, Civil Supplies and based on the
report of the Tahsildar, Nandyal Urban Mandal, the
authorization of the petitioner is suspended pending
enquiry until further orders.
This Court after going through the impugned
order finds that initially basing on the report of the
Tahsildar, the charges are drafted and the said order
does not indicate whether any explanation was called
for in respect of the charges framed and after
satisfaction that the explanation was considered. The
order only reflects that basing on the circular
2
instructions and based on the report of the Tahsildar,
which forms part of the charges, the authorization was
suspended. Since the said report was not furnished to
the petitioner, the same cannot be taken into
consideration. Hence, there is a grave irregularity in
the passing of the impugned order, qua, bereft of
reasons. In M/s State Authority of India Ltd., vs. Sales
Tax Officer, Rourkela-I [(2008(5) SCC 281], at
paragraph No.10, the Hon'ble Supreme Court observed
as follows:
"reason is the heartbeat of every conclusion. It
introduces clarity in an order and without the
same it becomes lifeless".
In M/s Kranti Associates Private Limited v.
Masood Ahmed Khan and another [(2010) 9 SCC
496], the Hon'ble Supreme Court, at paragraphs 12,
13, 14, 15 and 16, held as follows:
"11. The power and procedure applicable to the said
Commission has been provided under Section 22 of
the CP Act. A perusal of Section 22 (1) would show
that Sections 12, 13 and 14 of CP Act, with
necessary modification, are applicable to the decision
making process by the said Commission. Under
Section 13 of the CP Act, the District Forum has been
vested, in certain matters, with the powers of a Civil
Court while trying a suit. Section 13 (4) of CP Act is
applicable to the said Commission in view of Section
22 (1) thereof. Similarly, Sections 13 (5), (6) and (7)
will also apply to the said Commission in view of
Section 22 (1).
12. On a perusal of Section 13 (4), (5), (6) and (7) of
the CP Act, it is clear that the said Commission has
been vested with some of the powers of a Civil Court.
The following powers have been vested on the said
Commission:
"13(4) For the purposes of this section, the District
Forum shall have the same powers as are vested in a
civil court under Code of Civil Procedure, 1908 (5 of
3
1908) while trying a suit in respect of the following
matters, namely:-
(i) the summoning and enforcing the attendance
of any defendant or witness and examining the
witness on oath,
(ii) the discovery and production of any
document or other material object producible as
evidence,
(iii) the reception of evidence on
affidavits,
(iv)the requisitioning of the report of the
concerned analysis or test from the appropriate
laboratory or from any other relevant source,
(v) issuing of any commission for the
examination of any witness, and
(vi) any other matter which may be prescribed.
13. Under Section 13 (5) of CP Act, every proceeding
of the said Commission will be deemed to be a
judicial proceeding within the meaning of Sections
193 and 228 of the Indian Penal Code, and the said
Commission shall be deemed to be a Civil Court for
the purpose of Section 195 and Chapter XXVI of the
Code of Criminal Procedure.
14. The above provisions make it clear that the said
Commission has the trappings of a Civil Court and is
a high-powered quasi-judicial forum for deciding lis
between the parties.
15. The necessity of giving reason by a body or
authority in support of its decision came up for
consideration before this Court in several cases.
Initially this Court recognized a sort of demarcation
between administrative orders and quasi- judicial
orders but with the passage of time the distinction
between the two got blurred and thinned out and
virtually reached a vanishing point in the judgment of
this Court in A.K.Kraipak and others vs. Union of
India and others reported in AIR 1970 SC 150.
16. In Kesava Mills Co.Ltd., and another vs. Union of
India and others reported in AIR 1973 SC 389, this
Court approvingly referred to the opinion of Lord
Denning in Rigina vs. Gaming Board Ex parte
Benaim [(1970) 2 WLR 1009] and quoted him as
saying "that heresy was scotched in Ridge and
Boldwin, 1964 AC 40".
Accordingly, there shall be an interim
suspension of the proceedings dated 14.05.2026 vide
4
Rc.B3/CS/1514/2026 and the respondents are directed
to permit the petitioner to distribute the essential
commodities through Fair Price Shop bearing
No.1384064, Balaji Complex Town, Nandyal Urban
Mandal, Nandyal District, as usual.
This Court appreciates the endeavor of the
learned Assistant Government Pleader in securing the
instructions from the authorities in time.
In that process, he placed on record the fact that
the in-charge arrangements are already made. It is
needless to state that when initial order itself is illegal
and contrary to law, the consequential orders, if any,
are also liable to be set aside. The Hon’ble Supreme
Court in Kalabharati Advertising v. Hemant
Vimalnath Narichania1 held that “if the foundation is
removed, the superstructure falls”. In Chairman-
cum-Managing Director, Coal India Limited v.
Ananta Saha2, the Hon’ble Supreme Court held that
“if the initial action is not in consonance with law,
subsequent proceedings cannot sanctify it”.
List the matter after summer vacation, 2026.
______
GTK,J
SR/anr
1
(2010) 9 SCC 437
2
(2011) 5 SCC 142
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