IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 574 of 2003 Between: P. Venkateswara Rao s/o Pitchaiah No. 28, Krishnanagar, Visakhapatnam ..... PETITIONER AND 1 The District Civil Supply Officer, Visakhapatnam. 2 The Joint Collector, Visakhaptanam. 3 The District Collector, Visakhapatanam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, order or direction more particularly one inthe natureof writ of ceriorari calling for the records of the 1st respondent proceedings Ref. No. D.Dis No. 1556/96 Hlthe dated 17-7-97 as confirmed by the 2nd respodnent and 3rd respodnent under their proceedigns Ac. No. 41/97/CSR-7/ dated 17-4-1999 R.P. No. 5/99/CSR-7 dt 6-5-2002 respectively and to quashthesame as illegal, arbitraqry unjust and against the law and apart from the violation of fundamental rights guaranteed under the constitution of India and to consequetnly direct the respodnents to restore back his license and authorizaation of his Fair Price shop No. 28 of Krishna Nagar, Visakhapatnam and Counsel for the Petitioner :MR.C.S.SURYA PRAKASH RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 574 OF 2003 ORAL ORDER: Heard the learned counsel appearing for the petitioner as well as the Government Pleader for Civil Supplies appearing for the respondents. The petitioner is a Fair Price Shop Dealer of FP Shop No. 28, Krishna Nagar, Visakhapatnam (City). While so, a show cause notice has been issued to the petitioner as to why the authorization given in respect of the Fair Price Shop could not be cancelled. It is stated that the petitioner submitted an explanation on 5.10.1996. An enquiry also said to have been conducted on 9.7.1997. Thereafter, the authorization of the petitioner Fair Price Shop has been cancelled by an order dated 17.7.1997 of the first respondent with the following order: “As per the records available, explanation offered I have come to a conclusion that the dealer has clearly violated the conditions 4(1), 7, 8 and 11 of the authorization issued under A.P. Scheduled Commodities (Regulation of Distribution issued under A.P. Schedule Commodities Dealers (Licensing and Distribution) Order, 1982. The authorization bearing No. 223/91-92 issued to Sri P. Venkateswara Rao dealer of F.P. Shop No. 28 is hereby cancelled for the violations made which were held proved” The first respondent while cancelling the authorization has not dealt with any of the contentions raised in the explanation submitted to the show cause notice. It appears that he has mainly relied on the proceedings under Section 6-A in C.C.No. 7/96 of the Joint Collector, and came to the conclusion that the petitioner has violated the said conditions. As the contentions raised in the explanation has not been dealt with, and the appellate and revisional authorities have also simply confirmed the order of the first respondent, I am of the opinion that the principles of natural justice have been violated and the authorities are expected to deal with the charges and contentions and come to a conclusion. But without considering any of the contentions cancelling the authorization of the petitioner cannot be just and proper. Accordingly, the impugned order is set aside and the matter is remitted to the first respondent for dealing with the contentions after giving reasonable opportunity to the petitioner and pass appropriate orders afresh in accordance with law within a period of six weeks from the date of receipt of a copy of this order. W.P is accordingly disposed of. No costs. V. ESWARAIAH, J Date: 08.04.2008 KA .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Civil Supply Officer, Visakhapatnam. 2 The Joint Collector, Visakhaptanam. 3 The District Collector, Visakhapatanam. 4. 2CCs to G.P. for Civil Supplies, High Court of A.P. , Hyderabad. 5. 2CD copies