IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 15297 OF 2008 BETWEEN Kasa Satyanarayana ... PETITIONER AND The District Collector, Mahabubnagar District, Mahabubnagar and Others ...RESPONDENTS The Court made the following: ORDER: Shorn of unnecessary detail, the facts relevant for the purpose of this adjudication are as hereunder. 2. In pursuance of the notification dated 10-12-2007 issued by the Revenue Divisional Officer, Mahabubnagar, the petitioner was appointed as the fair-price shop dealer of Appareddipally village, Madgul Mandal, Mahaboobnagar District under order dated 11-02-2008. When his appointment was cancelled by order dated 16-02-2008, he approached this Court by way of W.P.No.4009 of 2008. This Court, taking note of the fact that the petitioner had not been given any notice or opportunity prior to the cancellation of his appointment, allowed the Writ Petition by order dated 03-03-2008. This Court directed the Collector, Mahaboobnagar District to issue notices to the petitioner and others, who were likely to be affected, give them an opportunity of hearing and pass a reasoned order thereafter, communicating the same to the petitioner and similarly placed persons. This exercise was directed to be completed within four weeks. 3. Pursuant to the said order, it appears that the Collector, Mahaboobnagar district, held a joint hearing in three cases, one of which pertained to the petitioner. After hearing them and verifying the records, the Collector, Mahaboobnagar district, by order dated 30-04-2008 remitted the matter to the Revenue Divisional Officer, Mahabubnagar to consider all the aspects mentioned therein after duly giving opportunity of hearing to the affected candidates and dispose of the matter by a speaking order. This order dated 30-04-2008 was not communicated to the petitioner. Thereafter, the petitioner was not informed of any hearing by the Revenue Divisional Officer, Mahabubnagar, as directed by the Collector, Mahaboobnagar. Instead, the order dated 19-06-2008 passed by the Revenue Divisional Officer, Mahabubnagar, reflects that the said Officer straightaway resorted to conducting interviews afresh on 22-05-2008 in respect of the petitioner’s fair-price shop at Appareddipally village, Madgul Mandal, Mahaboobnagar District. In the said selection, the third respondent herein was said to have emerged successful and was accordingly appointed as the fair-price shop dealer for the said village by order dated 19-06-2008. Hence, this case. 4. This Court, by order dated 16-07-2008, granted interim suspension of the authorisation issued by the Revenue Divisional Officer, Mahaboobnagar district in favour of the third respondent. WVMP.No. 2604 of 2009 was filed by the third respondent to vacate the said order. With the consent of the counsel the main writ petition is taken up for disposal. 5. The facts set out above demonstrate that after the remand of the matter to the Revenue Divisional Officer, Mahaboobnagar district, by the Collector, Mahaboobnagar district, under the order dated 30-04-2008, no further enquiry was undertaken by the said Officer as directed therein, no opportunity of hearing was given to the affected parties and no speaking order was passed by him disposing of the matter. On the other hand, the Revenue Divisional Officer, Mahaboobnagar district, resorted to undertaking fresh interviews. Significantly, no orders were passed by him cancelling the petitioner’s appointment as the fair-price shop dealer of Appareddipally village, Madgul Mandal, Mahaboobnagar district. Thus, the very appointment of the third respondent as the fair-price shop dealer of the village suffers from patent illegality. Without first canceling the petitioner’s appointment, the Revenue Divisional Officer, Mahaboobnagar, could not have undertaken a fresh appointment under his order dated 19-06-2008. 6. The Writ Petition is accordingly allowed setting aside the appointment of the third respondent as the fair-price shop dealer of Appareddipally village, Madgul Mandal, Mahaboobnagar district. The matter is remitted to the Revenue Divisional Officer, Mahaboobnagar, the second respondent herein, to comply with the order dated 30-04-2008 passed by the District Collector, Mahaboobnagar. The Revenue Divisional Officer, Mahaboobnagar, shall cause notice to be served upon the petitioner and other affected candidates as directed therein, give them an opportunity of hearing and pass a reasoned order in the matter within four weeks from the date of receipt of a copy of this order. In the circumstances, there shall be no order as to costs. _______________ SANJAY KUMAR, J February 21, 2011 SP/ISL THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 15297 OF 2008 Dated: February 21, 2011