THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25152 OF 2008 Date: 13.04.2011 Between: C.Jayaramulu …..Petitioner And The Joint Collector, Anantapur, Anantapur District and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25152 OF 2008 ORDER: The petitioner, the fair price shop dealer of Guttur Village, Penukonda Mandal, Anantapur District, filed the present case challenging the order dated 15.10.2008 of the Joint Collector and Additional District Magistrate, Anantapur, setting aside the proceedings dated 12.7.2004 of the Revenue Divisional Officer, Penukonda, lifting the suspension of the petitioner’s dealership. The petitioner claims to have been the fair price shop dealer of Guttur Village, Penukonda Mandal, Anantapur District since 18 years prior to the filing of this writ petition. Alleging certain irregularities against him, the Revenue Divisional Officer, Penukonda, the 2nd respondent herein, issued show cause notice dated 4.11.2003 calling for his explanation as to why his dealership should not be cancelled. His dealership was also suspended separately. After considering the petitioner’s explanation, suspension of his dealership was lifted by the 2nd respondent under proceedings dated 12.7.2004. Aggrieved thereby, the 4th respondent herein filed an appeal before the Joint Collector, Anantapur, the 1st respondent. The 1st respondent by the impugned order dated 15.10.2008 allowed the appeal setting aside the proceedings dated 12.7.2004. Aggrieved thereby, the petitioner filed the present petition. The main ground of attack in this writ petition is that the impugned order was passed by the 1st respondent without giving any notice of hearing or an opportunity to the petitioner or his counsel. As the issue turned upon whether the petitioner or his counsel was given any notice of the hearing proposed to be held on 15.10.2008 by the 1st respondent, the records were called for and perused. It is manifest from the records that the counsel for the petitioner was made aware of the fact that the hearing of the case was fixed on 15.10.2008 by the 1st respondent. The proceedings of the earlier hearing dated 14.8.2008, on which date the next date of hearing was fixed as 15.10.2008, bear the signature of the counsel for the petitioner. That being so, the petitioner cannot claim ignorance of the date fixed for the hearing of the case or assert denial of opportunity. As the petitioner and his counsel did not attend the hearing on 15.10.2008, the 1st respondent considered the matter on merits and passed the orders setting aside the proceedings dated 12.7.2004 of the Revenue Divisional Officer, Penukonda. This Court cannot sit in appeal over the merits of such consideration in exercise of jurisdiction under Article 226 of the Constitution. The writ petition is devoid on merit and is accordingly dismissed. The interim order dated 15.11.2008 shall stand vacated. No order as to costs. _________________________ JUSTICE SANJAY KUMAR Dt: 13.04.2011 Tjmr THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.25152 OF 2008 DATE: 13.04.2011