IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.6119 of 2005 Between: Smt.Sandapolla Sayamma, W/o.Late S.Sayappa, Sarpanch, Pokampally Village, Daulthabad Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Joint Collector, Mahaboobnagar, Mahaboobnagar Town. 2 The Mandal Revenue officer, Doultabad Mandal, Mahaboobnagar District. 3 Sri Sandapolla Narayana, S/o.Sayanna, polkampally village, Doultabad Mandal, Mahaboobnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to pass an order or orders, writ or writs, more preferably a writ one in the nature of writ of Mandamus to declare that the order passed by the first respondent/ joint collector in case No.CSI/ 1193/2004 dated 5-2-2005 is being illegal and arbitrary and set aside the same, consequently direct the first and second respondents to appoint a new fair price shop dealer by cancelling the license of 3rd respondents fair price shop dealer by cancelling the license of 3rd respondents fair price shop dealer and pass such other or further orders in the interest of justice. Counsel for the Petitioner:MR.P.SRINIVAS REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: Form-NIC-OGS/WP{JA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.6119 of 2005 ORDER: The petitioner is a Sarpanch of Polkampally village, Daulthabad Mandal, Mahaboobnagar District. It is stated that on the complaint made by the villagers and himself about the diversion of the rice meant for distribution to the cardholders of the fair price shop of the 3rd respondent, a panchanama was conducted and seized two quintals of rice i.e. four bags from the bullock cart and the stock of fair price shop i.e. 26 quintals of rice was also seized and proceedings under Sec.6-A of the Essential Commodities Act have been filed by the Mandal Revenue Officer, Doulthabad before the Joint Collector, Mahabubnagar against the 3rd respondent herein. The Joint Collector passed the impugned order in Case No.CS1/1193/2004, dated 05.02.2005 finding the 3rd respondent guilty and accordingly ordered confiscation of seized stock to the Government and in addition to the confiscation of seized stock, a fine of Rs.10,000/- was also imposed. Thus, it is stated that a sum of Rs.14,700/- towards value of confiscation of the stock apart from Rs.10,000/- towards fine, total amount of Rs.24,700/- was imposed. The petitioner questions the said order in this writ petition, seeking it as illegal and arbitrary and to set aside the same. I do not absolutely see any illegality or infirmity warranting interference with the impugned order passed by the Joint Collector in confiscating the confiscated goods and imposing fine on the 3rd respondent for his laches committed. In fact, a serious action has been taken against the 3rd respondent, and therefore, there is no any justification on the part of the petitioner to question the said order. At the same time, I am of the opinion that the petitioner ought to have questioned the order of the Revenue Divisional Officer, Narayanpet vide proceedings No.F/579/2005, dated 16.03.2005 in continuing the fair price shop dealership of the 3rd respondent. The proceedings under Sec.6-A of the Essential Commodities Act are different and distinct from the proceedings of cancellation or restoration or continuation of authorization/dealership by the Revenue Divisional Officer under the provisions of the A.P.State Public Distribution System Control Order, 2001. As the proceedings of the Revenue Divisional Officer, Narayanpet in continuing the fair price shop dealership of the 3rd respondent is not questioned, the writ petition is misconceived, and is accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 01.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint Collector, Mahaboobnagar, Mahaboobnagar Town. 2 The Mandal Revenue officer, Doultabad Mandal, Mahaboobnagar District. 3 2. 2CCs to 4. 2CD copies