IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23667 of 2002 Between: Juluru Manohar S/o Viswanath R/o Chennur, Chennur Mandal, Adilabad District. ..... PETITIONER AND 1 The District Collector (Civil Supplies), Adilabad, Adilabad District. 2 The Revenue Divisional Officer, Mancherial, Adilabad District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more especially one in the nature of Mandamus by setting aside the order dated 14-3-2002 passed in the Crl. Appeal No. 9 of 2000 on the file of the Hon'ble Sessions Judge, Adilabad, and consequently declaring that the confiscation orders pased in Proc. No. CS6/633/99, dated 25-12-1999 by the first Respondent as illegal, arbitrary and unconstitutional and consequently set aside the said orders. Counsel for the Petitioner:MR.H.VENUGOPAL Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23667 of 2002 ORDER: It is the case of the petitioner that he is running a Kirana and General Merchant Shop at Chennur Village and Mandal, Adilabad, since last several years without any complaint whatsoever. While so, on 17-09-1999, the Revenue Divisional Officer, Mancherial, inspected his shop alleging that he is doing business without any licence and accordingly, conducted panchanama on 23-07-1999 enumerating the irregularities found in the godown and as well as in the shop. The irregularity said to have been committed by the petitioner is with regard to stocking of 575 kgs. of edible oil, as against the present limit of 500 kgs. It is stated that though there is excess of 75 kgs. of edible oil, there was no clandestine business or black market of edible oil. Having regard to the facts and circumstances of the case, the District Collector, (Civil Supplies), Adilabad, vide order, dated 25-12-1999, confiscated 50% of the oil to the State, which was also confirmed by the learned Sessions Judge, Adilabad in Crl.A.No.9 of 2000, dated 14-03-2002. The petitioner questions the said order of the District Judge in confirming the order passed by the District Collector. Having regard to the facts and circumstances of the case, I am of the opinion that the variation of stocks of edible oil are on the margin of stocks, which the petitioner is expected to maintain, being a kirana merchant. Therefore, I am of the opinion that it is just and proper to confiscate 25% of the oil instead of 50%. Accordingly, the writ petition is disposed of modifying the orders of the learned Sessions Judge, Adilabad, as well as the District Collector, District Collector, (Civil Supplies), Adilabad, by ordering confiscation of 25% of the oil instead of 50%. There shall be no order as to costs. ___________ 24-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SRAVAN}