FILMORE SERVICE STATION Vs. JOINT COLLECTOR KRISHNA

JUDGEMENT

(1.) The petitioner in this Writ Petition questions the order of the 2nd respondent i.e., the Assistant Supply Officer, Circle-I, Vijayawada, in his proceedings Rc. No. 105/ASOI/94 dated 4-7-1994 suspending his retail licence No.14 issued in the name of M/s Filmore Service Station which is valid upto 31-12-1994, 'until further orders' in view of credible information and involvement in clandestine business.

(2.) The petitioner states that his service station was inspected by the 3rd respondent on 19-6-1994 without entertaining any reasonable belief that contravention of any of the provisions of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act' for short) or the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short 'the Order') had taken place and that 4,852 Lts. of petrol and 17,709 Lts. of High Speed Diesel Oil were seized. It is not in dispute that enquiry under Sec.6-A of the Act is in progress. In the present Writ Petition the search and seizure conducted by the 3rd respondent is not questioned. Therefore, it is not necessary for me to inquire into the circumstances under which, and the reasons for which, search and seizure was done by the 3rd respondent.

(3.) The learned counsel for the petitioner questions the order of suspension dated 4-7-1994 on the ground that the 2nd respondent has no authority to issue the same and also on the ground that principles of natural justice were violated in issuing the same as no notice or opportunity was given to him before the said suspension order was made.