THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.6383 of 2007 ORDER: 1 Petitioner was a fair price shop dealer for shop No.639 in Hyderabad city. This Writ Petition is directed against the order passed by the District Supply Officer, Hyderabad in Roc.B1/4151/2004 dated 15.03.2005 by which the authorisation of the petitioner was cancelled on certain proven allegations. The said order was also confirmed by the appellate and revisional authorities. Hence this Writ Petition. 2 The Assistant Supply Officer, Circle No.6, Hyderabad reported to the District Supply Officer, Hyderabad stating that the petitioner has indulged in clandestine business by diverting blue kerosene in four plastic cans in an auto rickshaw bearing No.AP 13 V 5279 to black market. Pursuant to the said report, proceedings were initiated against the petitioner. On inspection of the stocks available in the shop of the petitioner, the authorities found shortage of 4.94 quintals of rice and 224 liters of kerosene. Alleging that the petitioner has not been maintaining accounts properly, thus contravened Condition No.11 of the authorisation issued under A.P. State Public Distribution System (Control) Order 2001 and also on the allegation that the petitioner was issuing only 25 kgs of rice to the beneficiaries as against the allotment of 35 kgs, the petitioner was called upon to file his explanation. Subsequently, after considering the explanation filed by the petitioner and by recording a finding that his explanation is not satisfactory, the impugned order of cancellation was passed. Aggrieved thereby the petitioner filed an appeal and further a revision before the competent authorities, but was unsuccessful. 3 In this Writ Petition the learned counsel for the petitioner submitted that the cardholders were not examined before recording a finding against the petitioner and that in spite of filing explanation explaining the reasons for shortages, and also with regard to the allegation of issuing less quantity of rice, without making further enquiry, the impugned order is passed. 4 On the other hand, the learned Government Pleader submitted that as the allegations levelled against the petitioner are serious in nature, after giving an opportunity to the petitioner and after conducting a detailed enquiry only, the impugned order of cancellation has been passed. 5 From a perusal of the proceedings impugned in this Writ Petition, it is to be seen that four tins of kerosene was seized when the petitioner was making an attempt to divert the said stock to black market in an auto rickshaw. The said stock was seized and separate proceedings were initiated under section 6 of the Essential Commodities Act. Consequently, when an inspection was made in the shop of the petitioner, huge variations of stocks were noticed in rice and kerosene. But there is no proper explanation to such variations from the side of the petitioner. Even with regard to the allegation of issuing less quantity of rice than the fixed quantity of allotment to the beneficiaries also there is no valid explanation offered by the petitioner. In view of the serious allegations made against the petitioner and in view of the fact that blue kerosene which is being supplied to the petitioner for the purpose of distributing the same to the cardholders was seized while the petitioner was transporting the same in an auto rickshaw, I do not find any illegality in the impugned order of cancellation. Even the appellate and revisional authorities have also considered the matter and passed reasoned orders confirming the order of cancellation. Further, the Commissioner of Civil Supplies has also recorded a finding that the stocks seized from the petitioner were ordered to be confiscated by the competent authority under section 6 A of the Essential Commodities Act. 6 For the aforesaid reasons, I do not find any reason warranting interference of this court in the matter and the Writ Petition is accordingly dismissed as devoid of merit. No costs. ------------------------ R.Subhash Reddy, J. 28.10.2011 Kvsn