HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8331 of 2007 Date: June 17, 2011 Between: T. Sudhakar Babu … Petitioner And 1. The Collector and the District Magistrate, Guntur, Guntur District & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8331 of 2007 O R D E R: Cancellation of the petitioner’s authorization as the fair price shop dealer of Tallapalem village, Ponnur Mandal, Guntur District, is called in question. 2. This court, while admitting the writ petition, directed the respondent authorities not to make any permanent arrangement in respect of the subject fair price shop. 3. The matter is amenable to resolution on a short ground. It is the specific case of the petitioner that the report dated 26.6.2002 of the Mandal Revenue Officer, Ponnur, which formed the foundation for the disciplinary action taken against him, was not furnished to him, thereby violating the principles of natural justice. The counter filed by the Revenue Divisional Officer, Tenali, is silent on this aspect. Applying the doctrine of ‘non traverse’ the petitioner’s averment is therefore presumed to be true. 4. In the light of the judgment of a Division Bench of this Court in M. Kalyani v. District Collector, Prakasam District, Ongole[1], failure to furnish the primary report on the basis of which charges were framed against the dealer vitiates the proceedings due to violation of the principles of natural justice and absence of sufficient opportunity to the dealer to defend his case effectively. The cancellation of the petitioner’s authorization therefore stands vitiated on this short ground. 5. The writ petition is accordingly allowed setting aside the orders passed by the primary, appellate and revisionary authorities effecting such cancellation. In the circumstances, there shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: June 17, 2011. BSB [1] 2006 (5) ALD 796 (DB)