1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 391 OF 2010 (Ananta Uttamrao Nagargoje & Anr. vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri KS. Narwade, Advocate for the petitioners. Shri N.W. Sambre, PP for the respondents. ….. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. MARCH 31, 2011. Heard Shri Narwade, learned counsel for the petitioners and Shri Sambre, Public Prosecutor for the respondents. The petitioners have stated that there is one fair price shop run by Shivaji Gyanba Balerao in village Pimpalgaon, Tq. Mahagaon. This fair price shop licence holder is authorized to collect the food grains from the respondents in the scheme known as Antyoday and Below Poverty Line (BPL) beneficiaries. The licence holder is supposed to collect the goods as per the quota available on the basis of number of beneficiaries and these goods are to be distributed to the persons holding ration cards. The case of the petitioners is that the residents of village Pimpalgaon lodged a complaint to Respondents No. 2 & 3 regarding black marketing and misappropriation of goods by the concerned license holder. The licence holder is receiving goods in the 2 name of dead persons as well as in the name of persons who had left the village a long time ago. This was causing a great loss to the State exchequer. Moreover, the distribution to eligible persons was not being done regularly. The grievance of the petitioners is that despite complaints being made, no action is taken against the licence holder. Hence, two prayers were made by the petitioners. First prayer was for issuance of directions to Respondent No. 1 to initiate enquiry on the complaints dated 17.04.2010 and 11.05.2010 which are filed at Annexures A & B to the petition. Secondly, they have prayed for directions to Respondents No. 1 to 3 to effect recovery and to launch criminal prosecution of the concerned licence holder who has received goods under Public Distribution System (PDS) in the name of dead persons and in the name of persons who had already left the village a long time ago. The affidavit filed by Respondent No. 3 – Tahsildar, Mahalgaon shows that in fact the inquiry has been carried out in both the complaints and the inquiry was completed on 5.6.2010. After receipt of the enquiry report, the District Supply Officer (DSO), Yavatmal, has passed order on 28.06.2010 whereby he cancelled the authorization of the fair price shop of village Pimpalgaon and forfeited entire security deposit. The DSO, Yavatmal, by communication dated 29.06.2010 directed to effect recovery of misappropriated food grains from the shopkeeper. Accordingly, this respondent has issued 3 notice on 14.07.2010 to the Fair Price Shopkeeper to credit amount of Rs.12,868/- against the misappropriated food grains. Thus, on the basis of complaint made by the petitioners, enquiry has been conducted and after shopkeeper is found guilty, his licence of fair price shop came to be cancelled. The entire security amount has been forfeited to Government. Not only this, for the food grains which have been misappropriated by the shopkeeper as per enquiry report, notice came to be issued for recovery. It is also brought to our notice that the Tahsildar, Mahagaon, has addressed a communication to the District Supply Officer, Yavatmal, which shows that if licence holder is found to have committed illegality, First Information Report will be registered against him. The report submitted by the District Supply Officer, Mahagaon and Inspection Officer, Pusad, states about the illegalities and irregularities committed by the licence holder. In view of the report, learned Public Prosecutor states that the necessary action will be taken. Thus, all the necessary steps have been taken or are being taken according to law. In view of the above facts, no further directions are necessary. Writ Petition is disposed of. No order as to costs. JUDGE JUDGE *GS.