Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner has questioned legality of order dated 13.7.12 passed by the Food Commissioner, Government of Rajasthan, whereby a revision petition preferred by the petitioner under Section 22A of Rajasthan Foodgrains and Other Essential Commodities Article (Regulation & Distribution) Order, 1976 (for short "Order, 1976") against the order dated 3.6.11 passed by the District Supply Officer, Nagaur, cancelling the authorisation issued in his favour to operate the Fair Price Shop and forfeiting the security amount, stands dismissed.
(2.) THE relevant facts are that vide authorisation dated 7.3.01 issued by the District Collector (Supply), Nagaur, the petitioner was authorised to operate Fair Price Shop at Village -Barna, Tehsil -Degana, District -Nagaur. The proceeding for cancellation of authorisation issued as aforesaid, was initiated vide notice dated 22.11.10 issued by District Supply Officer, Nagaur. The authorisation was proposed to be cancelled on the ground that on inspection of the Fair Price Shop run by the petitioner being conducted on 21.11.10, 164 bags of wheat purchased by the petitioner from the Nagaur Cooperative Wholesale Bhandar, Degana, vide bill no. 8096 dated 19.11.10, were not found in stock. A reply to the notice was filed by the petitioner taking the stand that the goods loaded in the truck did not reach the petitioner's shop on 19.11.10 and therefore, the petitioner contacted the driver of the truck on telephone, who informed that the goods will be delivered on 20.11.10, however, in the meantime, the vehicle was intercepted and checked by the Sub Divisional Officer, Degana, during the transit and the goods were seized.
(3.) THEREAFTER , on 9.12.10 under the instructions of District Supply Officer, Nagaur, the Naib Tehsildar, Sanju, inspected the record maintained by the petitioner at the Fair Price Shop. It was found that the wheat alleged to have been distributed by the petitioner to seven persons during the month of August, 2010 to October, 2010, has not been entered in their Ration Card.;