IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NOS: 8899 of 2002 AND 8911 OF 2002. W.P.No.8899 of 2002 Between: A.Kanta Rao, son of A.Ramaiah Aged 36 yrs, Occ:Fair price shop dealer, F.P.Shop No.129, r/o H.No.6/51,Kallur village, Kurnool urban mandal, Kurnool dt. ..... PETITIONER AND 1.The Joint Collelctor, Kurnool. 2.The Revenue Divisional Officer, Kurnool 3.The Assistant Supply Officer, Kurnool. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 2nd respondent passed in his Rc.B.690/2002 dated 2-5-2002 as illegal, void, and ultravires of the provisions of A.P. Scheduled Commodities (Regulation of Distribution by Card system) Order, 1973 and consequently direct the respondents to restore the authorization of the Fair Price Shop No.129 of the petitioner situated at Kallur village, Kurnool urban mandal, Kurnool district. Counsel for the Petitioner: MR.K.V.CHALAPATHI RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES W. P NO : 8911 of 2002 Between: G.Narayana Goud, son of Buddanna Goud Aged 65 yrs, Dealer of Fair Price Shop No.95, R/o H.No.69-513, Joharapuram village of Kurnool Urban mandal, Kurnol dist. ..... PETITIONER AND 1.The Joint Collelctor, Kurnool. 2.The Revenue Divisional Officer, Kurnool 3.The Assistant Supply Officer, Kurnool. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the proceedings of the 2nd respondent passed in his Rc.B.690/2002 dated 2-5-2002 as illegal, void, and ultravires of the provisions of A.P. Scheduled Commodities (Regulation of Distribution by Card system) Order, 1973 and consequently direct the respondents to restore the authorization of the Fair Price Shop No.95 of the petitioner situated at Joharapuram village, Kurnool urban mandal ,Kurnool district. Counsel for the Petitioner: MR.K.V.CHALAPATHI RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: COMMON ORDER Heard both sides. Since common question is involved, these two Writ Petitions are taken together for disposal. The petitioner herein seeks to assail the impugned orders passed by the 2nd respondent herein cancelling the fair price authorization. The main ground urged in this Writ Petition is that the impugned orders are passed without any notice. In fact this Court has granted interim orders suspending the said orders, in W.P.M.P.Nos. 11041 of 2002 and 11053 of 2002 respectively, both dated 7-5-2002 on the ground that the impugned orders do not disclose issuance of any notice before canceling the fair price shop authorization. No counter affidavit is filed on behalf of the respondents. Having heard the counsel and perusal of material, it is to be seen that as already observed by this Court at interlocutory stage, there being no such notice prior to passing of cancellation orders, the impugned orders are violative of the principles of natural justice. It is now well established that no orders can be passed without providing an opportunity. In view of the same, the Writ Petitions are allowed and the impugned orders are set aside. It shall, however, be open for the respondents to issue notice and opportunity and pass fresh orders in accordance with law. ----------------- 19-11-2004. HSD That Rule Nisi has been made absolute as above. Witness Hon’ble Sri Devinder Gupta, the Chief Justice on this the Friday the Nineteenth day of November Two thousand and four. Assistant Registrar True copy Section Officer To 1. The Joint Collector, Kurnool 2. The Revenue Divisional Officer, Kurnool 3. The Assistant Supply Officer, Kurnool. 4. Two CCs to the G.P. for Civil Supplies, High Court of A.P., High Court buildings, Hyderabad (o.u.t.) 5. Two CD copies.