RATHNA INDANE GAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned Government Pleader for Civil Supplies.

(2.) The Writ Petition is filed questioning the action of the 2nd respondent in suspending the B Form Licence in Rc. No. 18/CS/22, dtd. 25/4/2022 basing on the report under Sec. 6A of the Essential Commodities Act as arbitrary and illegal.

(3.) The case of the petitioner is that the petitioner is a LPG Distributor and on 21/4/2022, subject premises was inspected and found variations in stock and alleged that records were not properly maintained and recommended for initiation of proceedings under Sec. 6A of the Essential Commodities Act. A show-cause notice was issued to the petitioner basing on the report dtd. 22/4/2022 of the Deputy Tahsildar Civil Supplies, by framing one charge stating that the petitioner failed to maintain record properly. Basing on the said report, license was suspended. The report of the Deputy Tahsildar Civil Supplies was also not furnished to the petitioner. At the time of inspection, the petitioner categorically stated that a complaint was registered before the Station House Officer, Adavuladevi Police Station, Nizampatnam Mandal, about missing of 24 LP G cylinders and a Crime No. 33 of 2022 was registered on 19/4/2022 and another Crime No. 39 of 2022 was registered on 24/2/2022 in respect of 57 cylinders taken by Kokkiligadda Satyanarayana on 19/4/2022. In spite of the said explanation, the impugned order has been passed suspending the authorization of the petitioner.