UNDRAJAVARAM PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LIMITED Vs. REVENUE DIVISIONAL OFFICER KOVVUR W G DISTRICT

JUDGEMENT

(1.) 1. Heard the learned Counsel fer the petitioner and the learned Government Pleader.

(2.) The Joint Collector, West Godavari District, passed an order on 14-7-1987 under Section 6-A of the Essential Commodities Act directing confiscation of 3.30 quintals of sugar and 2,2129 litres Kerosene Oil seized from the petitioner-society on 31-1-1987 on the ground that it contravened the conditions of licence of dealership in respect of a fair price shop. On the basis of that order, the Revenue Divisional Officer cancelled the authorisation of the petitioner-society by an order dated 6-8 87. It is submitted by the learned Counsel for the Petitioner that no notice was issued to the petitioner-society before passing the impugned order and except referring to the order dated 14-7-1987 passed by the Joint Collector under Section 6-A of the E C Act, no reasons had been assigned by the Revenue Divisional Officer. It is stated that therefore the order is violative of the principles of natural justice. On the other hand, it is submitted by the learned Government Pleader that as the Joint Collector had given cogent reasons for confiscation of the seized stock, there was no necessity to give another notice to the petitioner society before cancelling the authorisation.

(3.) I am unable to accept the contention of the learned Government Pleader. When the authorisation is sought to be cancelled by the Revenue Divisional Officer, he should have given a notice to the petitioner-society to show cause why the authorisation granted in his favour should not be cancelled. Apart from that, the Revenue Divisional Officer has not recorded the reasons as contemplated under Clause (4) of the A P Scheduled Commodities (Regulation of Distribution by card-system) Order, 1973 except referring to the order dated 14-7-1987 passed by the Joint Collector. In that contention it is further submitted by the learned counsel for the petitioner that at the time when the goods were seized on 31-3-1987 from the premises of the petitioner society, the person-in- charge appointed under Section 32 of the AP Co-operative Societies Act was incharge of the management of the affairs of the society and at present the elected committee is managing the affairs of the society.