THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5132 of 2010 13.04.2010 Between: P.Jafar ….Petitioner AND The Revenue Divisional Officer, Adoni, Kurnool District And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5132 OF 2010 ORDER: The petitioner is dealer of Fair Price Shop No.4 of Gulyam Village of Kurnool District. The Tahsildar, second respondent, passed orders on 16.01.2010 suspending authorization. The petitioner then preferred appeal before first respondent. He stayed operation of suspension order passed by second respondent. Be that as it is, first respondent by proceedings, dated 16.02.2010 cancelled the authorization of petitioner. Aggrieved by the same, present writ petition is filed. The only ground urged by the counsel for petitioner is that as required under clause 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 (Control Order, for brevity), first respondent did not issue prior notice, and therefore, impugned order is void. This Court heard counsel for petitioner and Assistant Government Pleader for Civil Supplies. There cannot be any doubt that when authorization of Fair Price shop is cancelled under clause 5(5) of the Control Order, the disciplinary authority is required to conduct enquiry and record reasons. Before doing so, a show cause notice containing the allegations/contraventions attracting the extreme penalty of cancellation of authorization is mandatory. In this case, there is no such notice nor it is proved before this Court that there was any such notice. Therefore, the impugned order is void. The writ petition is accordingly allowed and the impugned order is set aside. As the respondents have not filed any counter affidavit opposing writ petition, this Court desists from imposing exemplary costs. _______________ (V.V.S.RAO, J) 13.04.2010 Pln