THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11691 of 2008 ORDER: This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, the petitioner herein prayed that this Hon’ble Court may be pleased to issue writ or direction preferably writ of mandamus declaring the order issued by the 2nd respondent in the proceedings No.Rc.B1/264/2007 dated 7.12.2007 as confirmed by the 1st respondent in DSC Progs.No.E2/174/2008 dated 17.4.2008 are illegal, arbitrary, and violative of principles of natural justice and consequently set aside these proceedings and direct the respondent No.2 to restore the kerosene hawker’s Licence of the petitioner.” In this Writ Petition, petitioner has questioned order, dated 07.12.2007 passed by the primary authority/second respondent - Joint Collector, Krishna District at Machilipatnam in Rc.B1.264/2007, by which, the license granted to him under the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 was cancelled on certain allegations. He has also questioned order, dated 17.04.2008, passed by the appellate authority/first respondent – Director of Civil Supplies, Andhra Pradesh, Hyderabad, confirming order, dated 07.12.2007, passed by the primary authority. The petitioner was granted license under the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 framed under the Essential Commodities Act, 1955, for distribution of kerosene as a hawker attached to Ibrahimpatnam West Village. He was also in-charge for Ibrahimpatnam Ferry Point. On the allegation that he was not distributing the kerosene to the cardholders and diverting the same to the black market, on 25.07.2006, the third respondent - Tahsildar, Ibrahimpatnam along with the Sub-Inspector of Police, Antigunda Squad, searched the premises at Door No.23-151 of West Ibrahimpatnam Village and found 16 iron drums of each containing kerosene @ 200 liters. Totally, 3,200 liters of kerosene lying in 16 drums was seized and the petitioner in a house owned by Sri Potluri Bhadraiah, stored the stock. When the seizure was reported to the second respondent alleging that the petitioner has committed certain irregularities, proceedings were initiated against him to show cause why the license granted in his favour should not be cancelled. The primary authority after considering the explanation submitted by the petitioner, while observing that he was in possession of 1,730 liters of P.D.S. kerosene in excess and there is no valid explanation offered in regard to the same, recorded a finding that he has violated Condition Nos.4 to 6, 8 and 9 of license and Clauses 12(1)(i) to (iii) and 13 of the Control Order referred to above, and accordingly, ordered for cancellation of the license of the petitioner, who in turn, carried the matter by way of appeal before the first respondent. In the appeal, the first respondent vide his order, dated 17.04.2008, by recording a finding that there is no valid explanation offered by the petitioner for the excess kerosene, confirmed the order of the primary authority. In this Writ Petition, it is submitted by the learned counsel for the petitioner that there is no material to record a finding that the petitioner has contravened the conditions of license and the provisions of the Order, 1980 as referred to above. It is also submitted that there is no material at all in support of the allegation of diversion of kerosene to the black market. It is to be noted that as per the allotments made to the hawker points, he was entitled to only a quantity of 1,470 liters of kerosene i.e. 1,010 liters for West Ibrahimpatnam and 460 liters for Ferry point. But, he was in possession of 3,200 liters of kerosene and there was no explanation at all for remaining 1,730 liters of kerosene. Though it was pleaded that he has withdrawn the quantity of other dealers, the same was not accepted by the authorities. When the petitioner was given in- charge for only two points as a hawker, there is no valid reason in the explanation offered by the petitioner that the excess kerosene belonged to other dealers. In the absence of any explanation offered by the petitioner in regard to the excess quantity and storage of entire quantity of 3,200 liters of kerosene in the house owned by Sri Potluri Bhadraiah, this Court is of the view that the second and first respondents have considered the explanation offered by the petitioner and correctly arrived at the findings recorded. In the absence of any valid explanation offered by the petitioner, by considering the material on record, the primary authority has passed the order of cancellation of the petitioner’s license and the appellate authority has confirmed the same. In that view of the matter, I do not find any illegality in the impugned orders, which warrants interference in this Writ Petition filed under Article 226 of the Constitution of India. The Writ Petition is devoid of merit and it is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 30th AUGUST, 2011. kvni