THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26462 of 2000 ORDER: Petitioner questions the order of the 1st respondent in proceedings RC.No.5432/98/G6, dated 21-10-1998, in ordering confiscation of 22.385 kgs. of rice on the charges that the petitioner allowed the 3rd respondent herein as a benami dealer, though the petitioner was kept incharge of Fair Price Shop No.1, Merkamudidam Village and Mandal, Vizianagaram District, and doing clandestine business by selling PDS commodities to non-card holders showing variation in books of accounts and contravened clauses 3, 4 and 15 of APSC (RDCS) Orders, 1973, that the 3rd respondent was doing Fair Price Shop business without having any authorization or licence for the past eight months and that the petitioner is colluded with the 3rd respondent for doing clandestine business. Petitioner questioned the only show-cause notice, dated 21-10-1998 without questioning the final order, dated 21-08-1999. The 1st respondent through order, dated 21-08-1999 while ordering confiscation of 22.385 kgs. of rice, imposed fine of Rs.3,000/-. The said order was questioned by the petitioner before the Sessions Judge, Vizianagaram in Crl.A.No.188 of 1999 and the learned Sessions Judge through judgment, dated 28-09-2000 allowed the appeal in part setting aside imposition of fine of Rs.3,000/- by confirming the order of confiscation of the entire seized stock of rice. Learned counsel appearing for the petitioner contended that the petitioner has not colluded with the 3rd respondent and the 3rd respondent is not at all concerned with the said allegations. Though the petitioner made the 3rd respondent as a party respondent, but the writ petition is dismissed for default against the 3rd respondent on 01- 11-2004. I am of the opinion that the appellate court has taken a lenient view in setting aside imposition of fine of Rs.3,000/- while confirming the order of confiscation of the entire seized stock of rice. In view of the aforesaid facts and circumstances of the case, I do not see any infirmity legal or otherwise in the order of the Appellate Authority, so as to call for interference by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 01-04-2008 Prv