HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20401 of 2010 Date : 23.08.2010 Between : D. Ramanjaneyulu. …..Petitioner And The State of Andhra Pradesh, rep. by Collector (CS), Adilabad District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20401 of 2010 ORDER : The petitioner is a fair price shop dealer for Chandaram village in Luxettipet Mandal of Adilabad District. When an inspection was made by the Deputy Tahsildar (Enforcement), along with the Mandal Revenue Inspector, they noticed that the petitioner has diverted one quintal of PDS rice to the black-market. They have also found that the petitioner has not distributed 180 litres of kerosene oil to the cardholders. On the aforesaid allegations, one quintal of rice and 180 litres of kerosene were seized and a case under Section 6-A of the Essential Commodities Act, 1955, was registered. Based on such report, the competent authority under the provisions of the A.P. Public Distribution System (Control) Order, 2008 i.e. the Revenue Divisional Officer, Mancherial, passed orders on 13th of August 2010, issued in proceedings No.D/2049/2010, suspending the authorization of the petitioner. In this writ petition, it is the case of the petitioner that as the rice was seized from outside the shop, he is not concerned with the same. It is submitted that even for seizure of 180 litres of kerosene oil, no irregularities are noticed in his fair price shop, and in that view of the matter, there is no authority for the respondents to register a case under Section 6-A of the Essential Commodities Act, 1955. It is also the case of the petitioner that though he holds valid authorization, the commodities for the month of August 2010, are allotted to the fair price shop dealer of shop No.22 in Venkatraopet village and that the same is illegal. With regard to the allegations of diversion of rice to black-market and not selling 180 litres of kerosene oil to the cardholders, the said stocks were already seized and the matter is under inquiry before the authority under Section 6-A of the Essential Commodities Act, 1955. In that view of the matter, whether the petitioner has committed any irregularities or not, is a matter to be examined by the competent authority in 6-A proceedings. In view of the allegations made against the petitioner, no fault can be found on the part of respondents in registering the case under Section 6-A of the Act. At the same time, in view of the order passed by the Revenue Divisional Officer, dated 13th August 2010, issued in Proceedings No.D/2049/2010, I do not find any illegality in making temporary arrangements by entrusting the distribution to another dealer of Venkatraopet village. For the aforesaid reasons, I do not find any illegality in the action of respondents, so as to grant the relief as prayed for in this writ petition. However, as it is submitted that no irregularities were noticed in the shop, and the rice was seized outside the shop, I deem it appropriate to dispose of the writ petition, directing the 1st respondent- Collector to dispose of the 6-A proceedings as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd August 2010 N.B: Furnish C.C. in three days. (b/o) ajr