1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 45 OF 2009 (Bharat Yadavrao Narwade vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S.U. Nemade, Advocate for the petitioner. Shri N.W. Sambre, PP for the respondents. ….. CORAM : MRS. V.K. TAHILRAMANI & M.L. TAHALIYANI, JJ. MARCH 23, 2011. Heard Shri Nemade, learned counsel for the petitioner and Shri Sambre, Public Prosecutor for the respondents. The petitioner has approached this Court in Public Interest Litigation and sought directions to the respondents to initiate inquiry on the complaint dated 01.10.2007 against Respondent No. 5 in relation to operation of licence of his fair price shop. The petitioner is a ration card holder and used to consume kerosene on his ration card from Respondent No. 5, who is a retail kerosene licence holder in Village – Sawana in Mahagaon Taluka and distributing kerosene to various card holder consumers attached to his kerosene licence under the policy decision of Respondent No. 1 – State. According to the 2 petitioner, even though Respondent No. 5 is found involved in several serious irregularities and illegalities in the distribution of kerosene, no action is taken against him. One Ananta Nagargoje had filed Criminal Writ Petition No. 574 of 2006 before this Court wherein he sought direction to the State Government to take action against the officers of the department of Food and Civil Supplies, who have committed illegalities/ irregularities in allocation and distribution of kerosene used for domestic purpose and required to be sold at the subsidized rates in Mahagaon Taluka, District – Yavatmal. Pursuant to the directions passed by this Court, an inquiry came to be conducted, competent authority located the officials, retail and wholesale dealers who have committed illegalities/ irregularities in allocation of distribution of kerosene in the said area. Thereafter action came to be initiated against them and their licenses were cancelled. While disposing of the said petition by order dated 05.10.2007, this Court observed that Respondent No. 2 – Divisional Commissioner, Nagpur, shall consider and further take necessary criminal action against any other persons involved in the kerosene scam, if the materials are placed by any person before the said authority to that effect. The learned counsel for the petitioner stated that one Vitthal Dattarao Gawande resident of the same 3 village i.e. Sawana, Tq. Mahagaon, District – Yavatmal, made a complaint against Respondent No. 5 to Respondent No. 2 – Divisional Commissioner, Nagpur, on 12.11.2007 along with satisfactory materials annexed to the complaint about illegality and irregularity being done by Respondent No. 5 while running his retail kerosene licence. Thereafter the matter was entrusted to the Tahsildar – Mahagaon for necessary enquiry. He pointed out that the Tahsildar, Mahagaon inquired into the matter and submitted his detailed report dated 14.06.2008 to Respondent No. 4. The report revealed that Respondent No. 5 is in fact involved in serious illegalities and irregularities. The grievance of the petitioner is that despite this report, no action is taken against Respondent No. 5. The learned counsel for the petitioner submitted that in view of the Report, the petitioner and other victims of Respondent No. 5 were expecting that Respondents No. 1 to 4 would take necessary criminal action against Respondent No. 5 and he would be charge sheeted and prosecuted in accordance with law. However, his grievance is that neither FIR is filed against Respondent No. 5 in the concerned police station nor any action is taken against him, as a result of which, Respondent No. 5 is still running his retail kerosene licence and continuing with similar irregularities and illegalities because of which poor persons including the petitioner in the area are suffering. 4 In the affidavit filed by Respondent No. 4 – District Supply Officer, it is admitted that Respondent No. 5 is running his retail kerosene licence at Village Sawana in Mahagaon Taluka since 09.06.1994. It is also admitted that complaint dated 12.11.2007 was received by Respondent No. 2 – Divisional Commissioner, Nagpur. In relation to this complaint, it is stated that Respondent No. 2 – Divisional Commissioner forwarded the complaint to the District Supply Officer (DSO) Yavatmal, for enquiry. DSO after making due enquiry through the Tahsildar, Mahagaon and on receipt of his detailed enquiry report dated 14.06.2008, passed order dated 27.01.2009 by which the retail kerosene licence of Respondent No. 5 was cancelled. By order dated 27.01.2009, DSO also forfeited the entire security deposit of Respondent No. 5 and also ordered recovery on account of misappropriated kerosene. The affidavit of the DSO - Respondent No. 4 further shows that Tahsildar, Mahagaon was also directed to lodge criminal complaint at Police Station, Mahagaon, against Respondent No. 5 and accordingly the Tahsildar, Mahagaon filed FIR in Police Station, Mahagaon, which is registered as Crime No. 3010 of 2009 dated 08.02.2009 under Sections 3 & 7 of Essential Commodities Act. Thereafter the learned counsel for the petitioner raised a grievance that the earlier enquiry showed misappropriation of 51400 litres of kerosene, 5 however, the later enquiry showed misappropriation of only 11749 litres by respondent No. 5. In reply to this contention, Respondent No. 4 has stated that Tahsildar, Mahagaon in his report dated 14.06.2008 reported misappropriation of 51400 litres kerosene merely on the basis of Police Patil's report for the period of January 2005 to July 2006, as demanded by the petitioner. This police report was without holding any enquiry. Thereafter, Respondent No. 4 directed the Tahsildar, Mahagaon, to hold detailed enquiry for the period from January 2005 to July 2006, accordingly the Tahsildar, Mahagaon, held detailed enquiry and submitted his report dated 24.02.2009 proposing recovery for Rs.2,34,980/- on account of misappropriation of 11749 litres kerosene during the period from January 2005 to July 2006. Accordingly, respondent No. 4 passed order on 25.02.2009 for recovery of an amount of Rs.2,34,980/- for misappropriation of 11749 litres kerosene from the respondent No. 5 – Ramkisan Madhav Kubde, Retail Kerosene licensee of village – Sawana. It is also noticed that the directions have already been given to Tahsildar, Mahagaon, to initiate Revenue Recovery Certificate and take necessary course for effecting recovery. Thereafter, the learned counsel for the petitioner submitted that FIR is filed only under the provisions of Essential Commodities Act and according to him Sections 406 and 420 of Indian Penal Code ought 6 to have been added. As far as this aspect is concerned, when the papers are before the trial Court, it would always be open to the trial Court, if the material is so revealed, to frame charges under these sections, if found necessary. Thus, we are not inclined to issue any further directions in this respect. Thus, it is observed that steps have been taken against Respondent No. 5 i.e. his retail kerosene licence has been cancelled, his entire security deposit has been forfeited and FIR has been lodged against him. Thus, the petition has served the public cause. In view of the steps taken, no further directions are necessary. Criminal Writ Petition is disposed of. No order as to costs. JUDGE JUDGE *GS.