CW 962/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.962/07 Nand Lal Versus Additional Food Commissioner & Ors. DATE OF ORDER : 28/05/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Keshav Agrawal for Mr. Het Ram Agrawal, for petitioner *** Instant petition has been filed by petitioner assailing orders passed by SDO, Aklera, Jhalawar cancelling his authorization and forfeiting security for violating terms & conditions of licence to run fair price shop in exercise of powers U/s 3/7 of Essential Commodities Act, 1955 vide order dt.6th May, 2003 – against which petitioner preferred appeal before the Collector, Jhalawar and so also revision before Food Commissioner, but both were rejected vide orders dt.27th September, 2005 [Ann.2] & 26th October, 2006 [Ann.3]. Petitioner was authorized to run fair price shop under Rajasthan Food Grains and Other Essential Articles [Regulation of Distribution] Order, 1976. It appears that his fair price shop was inspected by the competent authority on 01/02/03 and on examining his records of stock CW 962/07 [2] maintained and it was alleged that he took food grain of 19.05 quintal from Kraya Vikrya Sahakari Samiti vide bill NO.1957 on 27th January, 2003 who is the wholesale dealer and still when inspected on 1st February, 2003, his stock does not disclose about the food grain purchased which in fact was for distribution to BPL family under Antodaya Scheme. Further allegation against him was that on inspection, it revealed that 55 bags of food grain & 50 litres of kerosene was available at the nearby shop of Shri Gopal Nai which is at the distance of ½ km from the shop of petitioner and he was not able to give any explanation from where he purchased good grains and kerosene, that certainly corroborates that petitioner was involved in violating the conditions of licence. After giving him notice by SDO and taking his explanation, it was finally held that despite he took delivery of goods on 27/01/03 still it was not disclosed in his stock on 01/02/03, which was to be distributed to BPL family under Antodaya Scheme and since Condition No.1-5 of Order, 1976 was violated, his dealership was cancelled and goods were forfeited – against which he preferred appeal before the Collector who too has taken note of the fact that petitioner purchased food grains from wholesale dealer vide Bill No.1957 dt.27th January, 2003 of 19.05 quintal, but his CW 962/07 [3] stock even inspected on 1st February, 2003 does not disclose about the food grain which he purchased on 27th January, 2003. This fact was also considered by the revisional authority while rejecting his revision vide Ann.3 dt.27th October, 2006. After passing of orders in appeal/revision by the competent authorities, the petitioner has placed one document on record Ann.4 dt.25th October, 2006 which he obtained from the Manager of Kraya Vikrya Sahakari Samiti Ltd., Khanpur that goods were delivered on 5th February, 2003. These all documents which the petitioner has annexed alongwith the petition have been obtained after orders were passed, certainly cannot be looked into and since no material was placed at the stage when appeal & revision were examined by the authorities, atleast this Court cannot take note of these documents for re-appreciation of finding recorded by quasi judicial authorities in writ jurisdiction U/Art.226 & 227 of Constitution of India. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA962CW07 28-5.doc