HON’BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.10220 of 2008 Date: April 15, 2015 Between: Smt. P. Manjula … Petitioner And 1. The Govt. of A.P., rep. by its District Collector, Ranga Reddy District & 3 others. … Respondents * * * HON’BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.10220 of 2008 O R D E R: This writ petition, filed under Article 226 of the Constitution of India, calls in question the order passed by the District Collector and District Magistrate, Ranga Reddy District, 1st respondent herein, vide Proceedings No.A7/900/2007 dated 24.03.2008. By virtue of the said order, the District Collector confirmed the order passed by the Joint Collector, Ranga Reddy District, in Appeal Case No.A5/584/2007 dated 05.10.2007 and the order of the Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division, passed in Proceedings No.E/1299/2007 dated -6-2007. 2. Heard Sri M. Atchutha Reddy, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents apart from perusing the material available before this Court. 3. According to the petitioner, she was appointed as fair price shop dealer for the fair price shop situated at Sardarnagar Villlage, Shabad Mandal, Ranga Reddy District. The Revenue Divisional Officer, Chevella Division, Ranga Reddy District, 3rd respondent herein, issued show cause notice bearing No.E/1299/2007, dated 27.04.2007, framing the following two charges against the petitioner: “Charge-I: It is found that the F.P.S. dealer is not residing in the village since for the last (5) years and stated to be residing with her husband. Thus contravened the provision under A.P.P.D.S. Control Order and A.P. Petroleum Products License and Regulation Order, 1980, read with condition of license. Charge-II: Further it is found that one Harinath is distributing the essential commodities on behalf of the fair price shop dealer.” 4. In response to the said show cause notice, the petitioner herein submitted explanation dated 11.05.2007, denying the charges levelled in the said show cause notice. Vide Proceedings No.E/1299/2007, dated -06-2007, the 3rd respondent Revenue Divisional Officer, cancelled the authorization of the petitioner herein. As against the said order of cancellation, the petitioner preferred an appeal before the Joint Collector, 2nd respondent herein, and the 2nd respondent, by way of order dated 05.10.2007 in Appeal Case No.A5/584/2007 dismissed the said appeal. Questioning the said orders, the petitioner filed revision before the District Collector and District Magistrate, Ranga Reddy District, 1st respondent herein. The District Collector also dismissed the same confirming the orders passed by the subordinate authorities. 5. Calling in question the validity and legal sustainability of the said order passed by respondents 1 to 3, the present writ petition came to be filed. 6. This Court issued Rule Nisi on 02.05.2008. There is no counter-affidavit filed by the respondents herein either in the direction of denying the averments in the affidavit filed in support of the writ petition or in the direction of justifying the impugned action. 7. The information available before this Court manifestly discloses that basing on a report submitted by the Tahsildar, Shabad Mandal, 4th respondent herein, the Revenue Divisional Officer, Chevella Division, Ranga Reddy District, 3rd respondent herein, initiated action under the provisions of Essential Commodities Act and the Public Distribution System and Control Order by issuing show cause notice dated 27.04.2007 framing two charges against the petitioner herein. Responding to the said show cause notice and denying the allegations made therein, the petitioner herein submitted an explanation on 11.05.2007. The Revenue Divisional Officer cancelled the authorization on -06-2007. In the appeal and revision also the Appellate Authority and the Revisional Authority confirmed the orders passed by the Revenue Divisional Officer. 8. A perusal of the order passed by the Revenue Divisional Officer cancelling the authorization of the petitioner herein clearly shows that the 3rd respondent, except mentioning the explanation as 3rd reference, did not consider the contents of the said explanation. As rightly pointed out by the learned counsel for the petitioner, the order passed by the Revenue Divisional Officer is a non-speaking order. The Joint Collector, 2nd respondent herein, by way of order dated 05.10.2007, dismissed the appeal filed by the petitioner herein and the said orders are confirmed by the Revisional Authority also. It is to be noted that the very basis for initiating the proceedings against the petitioner herein is the report submitted by the Tahsildar, Shabad Mandal. It is also the objection of the petitioner herein that despite his representation dated 01.12.2007 to the Revenue Divisional officer, the said report was not given to the petitioner. This, in the considered opinion of this Court, is highly unreasonable and preposterous and in violation of the principles of natural justice. In these circumstances, this Court is of the opinion that the matter needs fresh consideration by the original authority i.e., Revenue Divisional Officer. 9. For the aforesaid reasons, the writ petition is allowed, setting aside the order of the 3rd respondent issued vide E/1299/2007 dated -06-2007, as confirmed by the Joint Collector in Appeal Case No.A5/584/2007 dated 05.10.2007 as further confirmed by the District Collector in Revision Case No.A7/900/2007 dated 24.03.2008 and the matter is remanded to the Revenue Divisional Officer, Chevella Division, Ranga Reddy District, 3rd respondent herein, for fresh consideration in accordance with law after giving notice and opportunity of being heard to the petitioner. This exercise shall be completed by the Revenue Divisional Officer within a period of two months from the date of receipt of a copy of this order. 1 0 . Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No order as to costs. ________________ A.V.SESHA SAI, J Date: April 15, 2015. BSB HON’BLE SRI JUSTICE A.V. SESHA SAI 23 WRIT PETITION No.10220 of 2008 Date: April 15, 2015 BSB