MANIKESHWARI AGENCIES Vs. JOINT COLLECTOR R R DT

JUDGEMENT

(1.) The proceedings dated 9/10/2000 on the file of the Joint Collector, Rangareddy District suspending the licence of the petitioner in purported exercise of the power under Clasue 28 of A.P. Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short the Petroleum Products Order') is impugned in this writ petition.

(2.) Before adverting to the question as to whether the impugned order suffers from any legal infirmities, it may be necessary to notice a few relevant facts :

(3.) The petitioner has been appointed as Kerosene Wholesale Dealer by the Indian Oil Corporation Limited by proceedings dated 27-9-1986 and there is no dispute whatsoever that the same is still subsisting. The petitioner as is required applied for and obtained the licence for purchase-sale-storage for sale of Kerosene under the Petroleum Products Order from the Licensing Authority. The petitioner on procuring the Kerosene from the Indian Oil Corporation is required to supply the same to retail dealers nominated by the State Government and also to allotted Fair Price shops. The petitioner firm has to supply Kerosene oil to the nominated retail dealers and the Fair Price Shop dealers situated in Maheswaram, Kandukuru and Saroornagar Mandals of Rangareddy District. It is alleged that in the month of September, 2000 the petitioner supplied Kerosene oil more than the allotment made by the Collector (Civil Supplies) and also without bills. It is alleged that the petitioner failed to maintain proper accounts. During the verification of sales bill book, certain defects were noticed and we are not, for the present concerned with the details of those alleged irregularities. It is also the case of the respondents that during physical verification, it was found that there is variation in the book balance with ground stock. It is the case of the respondents that the petitioner on his own accord distributed the kerosene oil without any order from the competent authority. The petitioner made an attempt to divert the kerosene into black market.