THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.11524 of 2007 ORDER: 1 The petitioner is the Fair Price Shop dealer of Naramalapadu village, Karampudi Mandal, Guntur District. In this Writ Petition he has questioned the proceedings of the Revenue Divisional Officer, Narsaraopet dated 08.05.2002 issued in RC.No.54/2002 cancelling the authorisation of the petitioner after conducting a detailed enquiry and the further orders of the appellate and revisional authorities confirming the order of cancellation. 2 There was an allegation against the petitioner that he has misused 25 quintals of rice allotted under Food for Work programme, which was issued in phase 17. When an inspection was made and enquiry was conducted by the Deputy Tahsildar, Civil Supplies, he noticed shortage of 25 quintals of rice in the Fair Price Shop of the petitioner. It was alleged that the said 25 quintals of rice was sold to one Venkateswarlu, who was a former dealer, at market price. In view of the aforesaid allegation, a show cause notice was issued to the petitioner to explain for such shortage of 25 quintals of rice, which was allotted under the Food for Work Programme. In response to the said show cause notice, the petitioner submitted his explanation stating that he has distributed the said rice to the labour without coupons on the instructions of the Sarpanch of the Gram Panchayat. Though such an explanation was filed, the Revenue Divisional Officer, while recording a finding in the impugned order to the effect that the Sarpanch of the village stated that she was not aware of the things at all, and disbelieving the explanation offered by the petitioner, passed the order of cancellation of the authorisation granted to the petitioner. As against the said order, the petitioner filed an appeal before the Joint Collector. But the same was ended in dismissal by order dated 19.09.2002 passed in proceedings No.A.C.D.Dis.No.40/2002-S7. Aggrieved by the said order passed by the Joint Collector, the petitioner carried the matter in revision before the District Collector, Guntur and the revisional authority rejected the same by the impugned order dated 24.02.2007 in Revision Case No.27/2002-S7. 3 In this Writ Petition it is contended by the learned counsel for the petitioner that there was no shortage at all and there is no basis for the allegation made against the petitioner that he has misused the rice. 4 I have perused the order of cancellation passed by the Revenue Divisional Officer and the further orders passed by the appellate and revisional authorities. Before the authorities the petitioner has not disputed the allegation of shortage, but he has tried to cover up the said allegation by explaining that the same was distributed to labourers on the oral instructions of the Sarpanch of the Gram Panchayat. It is to be noticed that as per the instructions and the procedure being followed for distribution of rice, which is provided under Food for Work Programme, the rice has to be distributed only on production of coupons issued by the contractors / Sarpanch in execution of the work. In that view of the matter, it is not open for the petitioner to plead that only on the oral instructions of the Sarpanch 25 quintals of rice, which is alleged to be short, is distributed to the labourers. Even the statement of the Sarpanch of the village was recorded who has disowned such instructions as pleaded by the petitioner. In that view of the matter, I do not find any illegality in the findings recorded by the authorities in cancelling the authorisation granted to the petitioner. 5 For the aforesaid reasons, the Writ Petition is dismissed. If the vacancy is not filled up on permanent basis as on today, the third respondent is hereby directed to issue necessary notification and fill up the vacancy by inviting applications by following the due procedure within a period of three months form the date of receipt of a copy of this order. No costs. ------------------------ R.Subhash Reddy, J. 01.11.2011 Kvsn