HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12848 of 2008 Date : 30.08.2011 Between : Smt. Kola Venkata Ratnam. …..Petitioner And The District Collector, Srikakulam & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.12848 of 2008 ORDER : This writ petition is filed with the prayer, which reads as under : “to issue an appropriate Writ order or direction more particularly a Writ in the nature of Writ of Mandamus declaring the order passed by the 3rd respondent dated 27.08.2007 cancelling the petitioner authorisation as illegal and arbitrary and consequently set aside the same and the consequential orders passed by the Joint Collector and the District Collector, Srikakulam dated 25.01.2008 and 26.05.2008 and restore the petitioner authorisation.” Petitioner was the fair price shop dealer for distribution of essential commodities in Uppinivalasa village of Burja Mandal in Srikakulam District. On 10.05.2007, the vigilance and enforcement officials have seized 140 quintals of ‘food for work’ rice, transported in a lorry in Kota Bommali Mandal in Srikakulam District and inquiries revealed that such rice was diverted from Burja Mandal. Immediately on the next day, inquiries were conducted but the petitioner was not available in the village and the shop was closed from 11.05.2007 to 14.05.2007. In view of the mis-use of 9.290 metric tones of rice by illegal diversion and also on the ground that the petitioner has not opened the shop from 11.05.2007 to 14.05.2007, by conducting necessary inquiry, the authorization of the petitioner was cancelled by an order, dated 27th of August 2007, issued by the Tahsildar (the then authority) in Lr.No.116/2007A. As against the same, the petitioner carried the matter in appeal, which also ended in dismissal and the further revision filed by the petitioner was also rejected in limini on the ground that it was not filed within the period of limitation. It is argued by the learned counsel for petitioner that there are no complaints from the cardholders with regard to non-supply of essential commodities, and in that view of the matter, there is no valid reason for cancelling the authorization of petitioner. In this case, it is to be noticed that after the seizure of 140 quintals of ‘food for work’ rice in Kota Bommali village on 10.05.2007, inquiries were conducted and it was found that the said rice was diverted from the fair price shop of the petitioner. When the respondents went to the petitioner’s shop for inspection, it was found closed from 11.05.2007 to 14.05.2007 and the petitioner was not available in the village, and the petitioner was absented even for further inquiry and hearing and no valid material was placed to plead that the said rice was not supplied by the petitioner. As the petitioner has failed to produce the relevant records like distribution register etc., and in view of the specific allegation that the rice was diverted from the petitioner’s shop, by appreciating the material on record, the order of cancellation was passed by the primary authority, which was also confirmed by the appellate and revisional authorities. In view of the serious allegation levelled against the petitioner and in the absence of participation of petitioner in the inquiry conducted, I do not find any illegality in cancelling the authorization of petitioner. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 30th August 2011 ajr