B SATYANARAYANA Vs. JOINT COLLECTOR C S

JUDGEMENT

(1.) Aggrieved by the order of the 1st respondent dated 24-7-1993 passed in appeal against the order of the 2nd respondent dated 20-3-1993, the present writ petition is filed.

(2.) The authorisation granted to the petitioner to run Fair Price Shop at Dulapalli Village, Ranga Reddy District, was cancelled by the Revenue Divisional Officer on 20-3-1993 on the allegation that a quantity of 23 quintals of rice and 138 liters of kerosene lifted on 27-7-1992 was not brought to the shop nor entered in the stock register. The authorisation of the petitioner was suspended pending enquiry on 12-8-1992. Appeal against the cancellation order was rejected by the Joint Collector, Ranga Reddy District by the impugned order.

(3.) It appears that there was an enquiry under Section 6-A of the Essential Commodities Act in respect of the confiscation of the stock for the same irregularity. The petitioner was found guilty of the charge in the proceedings under Section 6-A of the Essential Commodities Act. The Joint Collector held that the petitioner diverted the rice meant for Public Distribution System for sale elsewhere and thereby violated the provisions of the Control Order. The Revenue Divisional Officer straightaway passed the order dated 20-3-1993 cancelling the authorisation given to the petitioner as Fair Price Shop dealer. The house-hold cards were tagged on to the Fair Price Shop of an adjacent village. On appeal to the Joint Collector, the Joint Collector while rightly agreeing with the contention of the appellant that the proceedings under Section 6-A of the Essential Commodities Act and the order of cancellation of authorisation are independent of each other, nevertheless held that the facts giving rise to both the proceedings being the same, no interference was called for. It was observed by the Joint Collector that the petitioner was at liberty to file a review petition upon the favourable outcome of the appeal filed under Section 6-C of the Essential Commodities Act to the Government.