HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25719 of 2008 ORDER: In this writ petition, the petitioner, who is a wholesale kerosene dealer at Atmakur, Mahabubnagar District, questioned the order, dated 12.11.2008, passed by the Joint Collector, Mahabubnagar, in Case No.CS 1(a)/370/2008, to the extent of cancelling his Form-B license. The petitioner’s business premises was inspected by the second respondent on 25.04.2008 and certain stocks of kerosene were seized alleging violation of the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980, which is framed under Section 3 of the Essential Commodities Act, 1955 (for short ‘the Act’). With regard to the seized commodities, proceedings were initiated under Section 6-A of the Act by the first respondent-Joint Collector, Mahabubnagar, and that, a show cause notice, dated 01.05.2008, was issued to the petitioner. Thereupon, the first respondent, having received the explanation of the petitioner, heard the matter finally and disposed of the case by the impugned order, dated 12.11.2008. The first respondent by the impugned order while ordering confiscation of the seized stocks, incidentally, as a licensing authority, ordered cancellation of Form-B license issued to the petitioner. In this writ petition, mainly it is the case of the petitioner that in the proceedings initiated under Section 6- C of the Act, it is not open for the Joint Collector to cancel the Form-B license issued under the Act. It is his further case that no notice was issued to him with regard to cancellation of his Form-B license. This Court, while admitting the writ petition on 25.11.2008, granted interim suspension of the impugned order, keeping it open to the respondents to take appropriate action against the petitioner as per the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980. Today, when the matter is taken up, it is submitted by learned counsel for the petitioner that consequent to the order, dated 25.11.2008, passed by this Court, the Joint Collector, Mahabubnagar, exercising his powers under the provisions of the Act passed an order, dated 20.02.2009, whereby he has ordered forfeiture of security deposit of Rs.5,000/-, with a warning to the petitioner not to repeat such lapses in future. It is not in dispute that in the proceedings initiated under Section 6-C of the Act, the scope of the enquiry is limited to the extent of confiscation of the seized commodities. May be, the Joint Collector is the licensing authority under the provisions of the Act, but he cannot cancel license even without issuing any notice. Further, the learned counsel for the petitioner also placed on record the order, dated 20.02.2009, passed by the Joint Collector, imposing penalty of Rs.5,000/- on the petitioner with a warning not to repeat such lapses in future. In that view of the matter, the impugned order, dated 12.11.2008, passed by the Joint Collector, Mahabubnagar, in Case No.CS1(a)/370/2008, to the extent of cancelling the Form-B license of the petitioner is set aside. However, it is made clear that with regard to the confiscation of the seized commodities, this Court has not expressed any view on the impugned order and it is open to the petitioner to pursue his remedies available under law. Accordingly, the writ petition is partly allowed to the extent indicated above. There shall be no order as to costs. ______________________ R.SUBHASH REDDY, J 15th September 2011 DR