HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE SRI JUSTICE NOUSHAD ALI Dated: 18-12-2009 WRIT APPEAL No. 1462 OF 2009 Between: T. Venkateswarlu ... APPELLANT AND The District Collector, Chittoor, Chittoor District and three others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT APPEAL No. 1462 OF 2009 JUDGMENT: (per Sri Anil R. Dave, CJ) Being aggrieved by an order dated 25-11-2009 passed in Writ Petition No. 25466 of 2009, this appeal has been filed by the original petitioner. 2. The petition has been rejected for the reason that in the petition, a show cause noticed issued by respondent No.1, dated 30- 10-2009 had been challenged. The learned single Judge has observed that at show cause notice stage normally this Court should not entertain any petition and, therefore, the petition has been rejected by the learned single Judge. 3. We have heard the learned advocate appearing for the appellant – original petitioner and the learned Government Pleader for Social Welfare. 4. The learned advocate appearing for the appellant has submitted that in the process of enquiry, principles of natural justice had been violated and certain documents, which had been asked, have not been supplied to the appellant - petitioner and, therefore, the enquiry proceedings are bad. He has also submitted that constitution of the District Level Scrutiny Committee was not just and, therefore, report dated 19-10-2009 submitted by it is bad in law. He has relied upon the judgments delivered in Swadeshi Cotton Mills v. Union of India[1] and M. Karunakar vs. State of A.P[2] so as to substantiate his case. 5. The learned Government Pleader has submitted that the appellant – petitioner is making all efforts to delay the proceedings. He has submitted that the report given by the District Level Scrutiny Committee dated 19-10-2009 is just and proper and simply because the report was signed on 21-10-2009, it cannot be alleged that the Committee was never constituted. He has also relied upon the judgments delivered in Special Deputy Collector (Tribal Welfare) v. Data Venkapathi Raju[3] and Special Deputy Collector, Palwancha v. Gummadapu Mohan Rao[4] to substantiate his case that at show cause notice stage normally this Court should not entertain any petition. 6. We are in agreement with the view expressed by the learned single Judge that at the stage of show cause notice, the appellant ought not to have approached this Court challenging the same. We reproduce the following relevant portion of the order passed by the learned single Judge while rejecting the petition: “Therefore, the writ petition is disposed of directing that it shall be open to the petitioner to submit explanation to the impugned show cause notice within 15 days from today. The petitioner shall be entitled to raise all the grounds including those relating to the constitution of the committee and the manner in which the proceedings were conducted, apart from merits. The 1st respondent shall take the same into account duly verifying the record before the final order is passed.” 7. The aforestated portion of the order clearly reveals that it will be open to the appellant – petitioner to challenge even the validity of constitution of District Level Scrutiny Committee while giving reply to the show cause notice. If the appellant has any grievance with regard to non-supply of any document, he can also ask for the same. Respondent No.1 has also been directed to verify the record before he passes any final order. 8. In our opinion, the aforestated directions given by the learned single Judge will take due care of the interest of the appellant – petitioner. 9. We also do not find any substance in the appeal and, therefore, the appeal is dismissed with no order as to costs. 10. As a sequel to dismissal of the appeal, WAMP No. 3047 of 2009, filed by the appellant for interim relief, is also dismissed. ANIL R. DAVE, CJ NOUSHAD ALI, J 18-12-2009 ks [1] AIR 1987 SC 818 [2] 2001 (1) ALT 688 [3] 2002 (4) ALT 669 [4] 2002 (4) ALD 132