WP/40314/2012 of Palakuri Mallipuvvu Vs The Commissioner of Civil Supplies, on 31 December 2012

ORDER:

This writ petition is filed questioning order, dated-14.12.2012 passed by the first respondent Commissioner of Civil Supplies, Government of AndhraPradesh, Hyderabad in CCS.Progs.No.E2/3753/2012confirming order, dated 11.08.2012 passed by theCollector (Civil Supplies), Visakhapatnam District, inRc.No.279/2012/CSR2.

Petitioner is a wholesale kerosene dealer. He holdsvalid licence under the provisions of the Andhra PradeshPetroleum Products (Licensing and Regulation ofSupplies) Order, 1980. Basing on the report submitted bythe fourth respondent - Assistant Supply Officer, Circle-III,Visakhapatnam stating that when he along with theInspector of Police, Vigilance and Enforcement inspectedthe premises on 26.07.2012, he found that one lorrytanker bearing No.AP31 V 0167 loaded with PDSkerosene was stationed near HPCL & IOCL Oil terminals,Malkapuram, for diversion of said kerosene to the blackmarket, the Collector (Civil Supplies), Visakhapatnam, byrecording a finding that the petitioner is indulging inclandestine trade by diverting PDS kerosene and making fictitious entries in the records, passed order, dated11.08.2012 in Rc.No.279/2012/CSR2, suspending thelicence of the petitioner, under Clause 28(2) of the AndhraPradesh Petroleum Products (Licensing and Regulation ofSupplies) Order, 1980. As against the said order, thepetitioner carried the matter in appeal before the firstrespondent/appellate authority, who in turn dismissed theappeal vide order, dated 14.12.2012, by issuing directionsto the Collector (Civil Supplies), Visakhapatnam, to issueshow cause notice within a period of 15 days and to passfinal orders within ten weeks from the date of receipt ofsuch order.

In this writ petition, it is contended by SriB.Devanand, learned counsel for the petitioner that inspite of raising several grounds, the appellate authorityhas not considered the matter and disposed of the appealwith the direction to the primary authority to issue showcause notice.

I have perused the copies of orders passed by theprimary and appellate authorities.

From a perusal of order, dated 11.08.2012 passedby the primary authority, it is clear that based on the reportsubmitted by the Assistant Supply Officer, Visakhapatnamwith regard to the alleged diversion of kerosene oil loaded in the tanker, by way of interim measure, the order ofsuspension of licence of the petitioner is passed by theCollector (Civil Supplies), Visakhapatnam invoking thepower under Section 28(2) of the Andhra PradeshPetroleum Products (Licensing and Regulation ofSupplies) Order, 1980. It is to be noticed that the saidorder was passed as early as on 11.08.2012 and theappeal preferred by the petitioner against such order hasalso been disposed of by the appellate authority.

Having regard to the allegations levelled against thepetitioner and in view of pendency of enquiry before theprimary authority, I deem it appropriate to direct the Collector (CivilSupplies), Visakhapatnam, to pass appropriate finalorders by issuing show cause notice, pursuant to order,dated 14.12.2012 passed by the firstrespondent/appellate authority, within a period of sixweeks from the date of receipt of a copy of this order. It ismade clear that the Collector (Civil Supplies),Visakhapatnam, would provide an opportunity of hearingto the petitioner before passing appropriate orders.

Subject to the above, the Writ Petition is disposed of.No order as to costs.

In view of disposal of the Writ Petition,WPMP.No.51148 of 2012 also stands disposed of.

31[st] DECEMBER, 2012.

kvni

______________________

R.SUBHASH REDDY, J