THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11497 of 2008 ORDER: Petitioner is a fair price shop dealer of Apparaopalem Village, Atmakur Mandal, Nellore District. This Writ Petition is filed questioning order, dated 11.04.2008, passed in Rcc.No.1174/2008. The second respondent – Revenue Divisional Officer, Nellore, has passed the impugned order cancelling the authorization of the petitioner temporarily on the allegation that he has sold the rice at Rs.2.25 ps per kg instead of Rs.2/- per kg., as alleged by the authorized cardholders. It is the case of the petitioner that the impugned order is passed without any enquiry and there is no provision under law to cancel the authorisation temporarily without notice to the fair price shop dealer. Though the Writ Petition is of 2008, counter-affidavit is not filed. It is to be noticed that the interim directions issued by this Court on 28.05.2008 continued all along. From a perusal of the impugned order, there is no indication of giving any prior notice and opportunity to the petitioner. If the authorization is to be cancelled on any ground, it is obligatory on the part of the respondents to conduct enquiry by issuing notice and opportunity of hearing to the fair price shop dealer. In the absence of any counter-affidavit and any such recital in the impugned order, this Court is of the view that the impugned order is passed just on the allegations made against the petitioner without conducting any enquiry. On this short ground, the impugned order is liable to be quashed. It is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents that subsequently, the authorization of the petitioner has been restored after conducting enquiry. For the aforesaid reasons, the impugned order is hereby quashed and the Writ Petition is disposed of placing on record the above referred to statement of the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. No order as to costs. _______________________ R.SUBHASH REDDY, J 30th AUGUST, 2011. kvni