HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20502 of 2007 Date : 13.10.2011 Between : Shyam Sundar Sarma. …..Petitioner And The Commissioner of Civil Supplies, Hyderabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20502 of 2007 ORDER : This writ petition is filed with the prayer, which reads as under : “to issue an appropriate writ, order or direction particularly in the nature of Writ of CERTIORARI after calling for the connected and relevant records relating to the impugned proceedings dt.1-8-07 in CCS Ref.No.N1/5397/07 issued by the Commissioner of Civil Supplies, Andhra Pradesh, Hyderabad by holding the same as illegal, arbitrary, improper, unfair, suffering from the vice of non application of mind and also non compliance with the principles of natural justice on account of non issuance of any notice of hearing or non-providing of opportunity of hearing and consequently direct the first respondent to dispose of revision petition filed by the petitioner on 23-7-07 on merits in accordance with the law”. The petitioner is authorized fair price shop dealer for distribution of essential commodities for shop No.426 situated at Rajamohalla, Hyderabad. On the allegation that he has submitted forged bank slips for an amount of Rs.37,510/-, for drawl of essential commodities for the months of November and December, 2003, his authorization was cancelled by the District Supply Officer (City), Hyderabad, by order dated 10.01.2005, issued in Proceedings Roc/B1/2505/2004. The said order was confirmed by the appellate authority and when it was further carried in revision before the Commissioner of Civil Supplies along with an application to condone the delay of 339 days, the revisional authority, by order dated 01.08.2007, passed in CCS.Ref.No.N1/5397/2007, has rejected the revision in limini, on the ground that the same was not filed within the limitation period of 30 days as provided in the Control order. In this case, it is the case of the petitioner that when an application is filed to condone the delay of 339 days, along with the revision, without examining the said application, the revision itself should not have been rejected on the ground that the same was not filed within the limitation period of 30 days. The learned counsel for petitioner has placed reliance on a memo issued by the Ex.Officio Secretary to Government, Civil Supplies Department, in Memo No.1577/CS-I(1)/99-2, dated 30.10.1999, stating that Section 5 of the Limitation Act, 1963 is applicable to the appeals and revisions filed under the Control order. A perusal of the order passed by the Commissioner of Civil Supplies shows that he has not considered the application filed by the petitioner to condone the delay and merely rejected the revision on the ground that the same was not filed within the statutory period of 30 days. When the revision was filed along with an application to condone the delay of 339 days with the supporting affidavit, the revisional authority ought to have considered the said application first, before passing any orders in the revision. It is contended by the learned counsel for petitioner that in view of the sad demise of his wife during the relevant time, he suffered mental agony, as such, he could not file the revision within the limitation period, as such, an application was filed to condone the delay. As much as the revisional authority has rejected the revision only on the ground that it was not filed within the statutory period of 30 days without going into its merits, I deem it is a fit case to set aside the order, dated 01.08.2007, Passed in CCS Ref.No.N1/5397/2007, with a direction to the 1st respondent-Commissioner of Civil Supplies, to consider the matter afresh by entertaining the application to condone the delay and decide the revision on its own merits within a period of two months from the date of receipt of this order Subject to the limited direction referred above, the writ petition is allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 13th October 2011 ajr