THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE SANJAY KUMAR 12th August 2009 WRIT APPEAL NO.1309 of 2002 Between: Kota Subrahmanyam, S/o.Venkateswarlu, 46 yrs, F.P. Shop Dealer No.41, Bhimavaram, W.G.District. …APPELLANT AND 1. The District Collector, W.G.District, Eluru. And two others. …RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1309 of 2002 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) The appellant-unsuccessful writ petitioner files this appeal seeking to assail the order dated 30.01.2002 in W.P.No.10071 of 2001 rejecting the Writ Petition filed against the order of cancellation of authorisation of his Fair Price Shop Dealership. The case of the appellant-petitioner, in short, is to the effect that he is a regular Fair Price Shop Dealer for Shop No.41, Bhimavaram, West Godavari District. On the ground that he did not left the essential commodities, proceedings were initiated against him and ultimately, the Revenue Divisional Officer, Narsapur, West Godavari District, passed an order dated 04.04.1998 cancelling his dealership. The appeal filed before the Joint Collector, West Godavari District, was dismissed as per the order dated 12.12.1998 and the revision also dismissed on 16.04.2001. Hence, the Writ Petition. The main ground urged by the petitioner in the Writ Petition was to the effect that at the relevant point of time, he fell sick and therefore, he could not submit the Demand Draft and thus, could not lift the essential commodities, which aspect has not been properly considered by any of the authorities. He filed his explanation along with Medical Certificate in support of his illness. However, nothing has been considered. Non-consideration of the said explanation and Medical Certificate would virtually affect his substantive rights. However, learned Single Judge did not find favour with the petitioner’s submissions and dismissed the Writ Petition, having regard to the concurrent findings as arrived at by the authorities. Hence, the appeal. In this appeal, apart from several other questions urged, the main question that arises for consideration is the reason being one of his illness for which he submitted explanation and Medical Certificate. On a reading of the order of the primary authority as well as the orders in appeal and revision, it is apparently clear that this aspect has not been considered. The plea that the appellant-petitioner filed explanation along with Medical Certificate remained undenied. In view of the same, non-consideration of the explanation for the allegation made against the appellant-petitioner is quite fatal and no exercise can be done especially when the substantive rights of the petitioner are affected, which vitiate the entire proceedings. Accordingly, the Writ Appeal is allowed and the order dated 30.01.2002 is set aside. The matter is remitted to the third respondent- Revenue Divisional Officer, Narsapur, West Godavari District, for fresh disposal in accordance with law, after taking into consideration the explanation and the Medical Certificate. No costs. _________________ (B.PRAKASH RAO, J) _________________ (SANJAY KUMAR, J) 12th August 2009 RRB