SANGAMESHWARA BINNY MODERN RICE MILL REP BY ITS MANAGING DIRECTOR Vs. DISTRICT SUPPLY OFFICER SANGAREDDY DIVISION MEDAK DISTRICT

JUDGEMENT

(1.) This Writ Petition is directed against the order passed by the District Supply Officer, Medak at Sangareddy on 18.01.2012, suspending the authorization of the writ petitioner. Heard the learned counsel for the writ petitioner, Sri C. Pratap Reddy and the learned Government Pleader for Civil Supplies.

(2.) It is pointed out that upon credible information being received that the owner of M/s Sangameshwara Binny Modern Rice Mill of Zaheerabad is loading PDS rice unauthorizedly in his rice mill premises, the Tahsildar, Zaheerabad and Revenue Inspector have undertaken inspection of the premises of the writ petitioner on 28.12.2011 at about 02.30 a.m. They have noticed that rice is being unloaded from a truck bearing Registration No. AP 16W 9769. The owner explained that the rice purchased by them at Hyderabad is being unloaded in their premises, but however, the Tahsildar found that the rice that is being unloaded is meant for public distribution. Accordingly, proceedings have been drawn seizing the stock of various varieties of rice available, to the order of Rs.67,75,250/- and 195 quintals of PDS rice was handed over to Mandal Level Stockists point in-charge of Zaheerabad and other varieties of rice were handed to M/s Nandi Binny Para Boiled Rice Mill, Nyalkal and the seized truck was handed over to the Station House Officer, Zaheerabad. In view of the report received by the District Supply Officer, the present impugned order has been passed by him suspending with immediate effect the Form-B licence issued in favour of the writ petitioner. Hence, this Writ Petition is instituted.

(3.) It will be appropriate to notice that in terms of Sections 3 and 5 of the Essential Commodities Act, 1955 and with the prior concurrence of the Government of India, the Governor of Andhra Pradesh framed the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. Hence, these Regulations have statutory backing and enforceability. The expressions "scheduled commodities" and "food grains" are defined in Clauses 2 D and G respectively. Similarly, the expressions "rice mill" and "rice miller" are defined in Clauses H and I. The expression of "dealer" as defined in Clause 2K encompasses any person engaged in the business of purchase, movement, sale, supply, distribution or storage for sale of any of the scheduled commodities specified. Clause 7 of the aforementioned Order dealt with cancellation or suspension of a licence. Sub-clause (1) thereof will have some bearing upon the enquiry embarked upon in this case and hence, it would be appropriate to extract the same herein below: