IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 21460 of 2005 Between: G. Srinivas Reddy S/o. Kurma Reddy Chandraghad (V), Narva (M), Mahaboobnagar District, ..... PETITIONER AND 1. The District Collector, Mahabubnagar District, 2. The Joint Collector, Mahabubnagar, 3. The Revenue Divisional Officer, Narayanpet, Mahaboobnagar District, 4. The Mandal Revenue Officer, Narva (M), Mahaboobnagar District, .....RESPONDENTS The Court made the following: ORDER: Questioning the action of the first respondent-District Collector in issuing the impugned orders in Case No.CS1(a)/576/2005, dated 22.06.2005 in rejecting the revision petition filed by the petitioner, the present writ petition has been filed. The grievance of the petitioner is that he was appointed as a Fair Price Shop Dealer of Chandraghad village, Narva Mandal, Mahabubnagar District and he has been functioning as F.P. Shop Dealer without any complaints from any corner. Basing on the report submitted by the Assistant Supply Officer alleging that the petitioner has diverted the PDS (Public Distribution System) rice and kerosene oil into black market for gaining illegal profits, the second respondent issued a show cause notice bearing No.CS1/105/2005, dated 3.2.2005 under Section 6-B of Essential Commodities Act to him calling for his explanation as to the alleged offence. The second respondent, without considering the explanation submitted by the petitioner and without conducting any enquiry, passed impugned proceedings No. CS1(a)/576/05, dated 26.02.2005 ordering confiscation of seized stock, besides directing the third respondent to cancel the authorization of the respondent. Against the said order, the petitioner filed a revision petition before the first respondent and the first respondent rejected the same with a direction to approach the appropriate forum under Section 6-C of the Act. Aggrieved by the said order, the present writ petition has been filed. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. The learned counsel for the petitioner contended that the impugned orders passed by the second respondent does not indicate any reasons at all for recommending the cancellation of the authorization of the petitioner. By virtue of Section 6-A of the Essential Commodities Act, the second respondent ordered confiscation of the seized stock, besides directing the third respondent to cancel the authorization of the petitioner. As far as the confiscation of the seized stock is concerned, the remedy that is available to the petitioner, is elsewhere. Likewise, the appropriate authority that has got power to cancel the authorization of the fair price shop dealership, is the Revenue Divisional Officer. At this stage, it is brought to the notice of this Court that the Revenue Divisional Officer has not so far passed any orders for cancellation of the authorization of the petitioner. In view of the fact that the statutory appeal lies before the learned District and Sessions Judge in so far as the confiscation of the seized stock is concerned, the 1st respondent is justified in rejecting the revision filed by the petitioner. However, in the facts and circumstances of the case, it is made clear that it is always left open to the petitioner to approach the appropriate forum in respect of confiscation of the seized stock, if he so chooses. However, in view of the fact that on the direction issued by the 2nd respondent, no action has yet been taken by the 3rd respondent for cancellation of the authorization of the petitioner, it is made clear that the petitioner shall be supplied the stock of essential commodities so as to distribute the same to the cardholders, till appropriate decision is taken by the 3rd respondent. Subject to the above observations, the writ petition is disposed of. No costs. _____________ (K.C. BHANU, J) Date: 06.10.2005 Note: Issue C.C. tomorrow. B.O. Ksn