J VANAMMA Vs. SPECIAL DEPUTY TAHSILDAR ENFORCEMENT

JUDGEMENT

(1.) The petitioner is a Fair Price Shop Dealer of Nernur Village Gudur Mandal, Nellore District. On allegations that she has contravened the licence issued under A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 (hereinafter called, the Order), the petitioner's licence was cancelled by the appointing authority, second respondent herein. Second respondent also imposed a fine of Rs.44,805.00 purporting to be in terms of Clause-14-A of the Order. The petitioner's appeal to the Joint Collector under Clause-17 of the Order and subsequent revision under Clause-18 of the Order to the District Collector were also dismissed. Hence, the writ petition..

(2.) The learned counsel for the petitioner Sri K. Raji Reddy raised only one contention. He submits that imposing fine of Rs.44,805/- is illegal. According to the learned counsel under Clause-14-A of the Order which was Introduced by amendment vide G.O.Ms.No.232, dt. 12-3-1996 when the stock is diverted only the Revenue Divisional Officer can impose penalty three times the difference between the market rate and public distribution system rate of the commodities diverted. As there was no charge, and no finding to that effect is recorded, imposing fine is illegal.

(3.) Learned Government Pleader for Civil Supplies, however, relies on a finding recorded by the Revenue Divisional Officer in relation to clause No.2 in support of the contention that sub-clause (c) of Clause 14-A of the Order is attracted to the facts of the case.