THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :19545 of 2009 DATED: 06-10-2009 Between: Fathima Begum. ..... PETITIONER And The Revenue Divisional Officer, Bodhan, Nizamabad District & another. .....RESPONDENTS ORDER: This writ petition is filed questioning the order passed by the 1st respondent vide proceedings No.E1/1606/2009-2, dated 28.08.2009, cancelling the authorization granted in favour of the petitioner for running the fair price shop No.574, Yedpalli mandal, Nizamabad District. 2. The case of the petitioner is that she was appointed as Fair Price Shop dealer of FPS No.574, Yedpalli mandal, Nizamabad District in the year 2004 and since the date of granting authorization she was distributing essential commodities to all the cardholders in the village, without any complaint. However, it appears the 2nd respondent herein addressed a letter, dated 20.07.2009, to the 1st respondent informing that the petitioner got married and left the village and the fair price shop in question is being run by her relatives and therefore the authorization of the petitioner has to be cancelled. Thereafter, the 1st respondent has issued a show cause notice to the petitioner on 13.08.2009 directing her to submit explanation. In response to the said show cause notice, the petitioner submitted a detailed explanation stating that she is residing in the village even after her marriage and running the fair price shop without any complaint. Subsequently, the 1st respondent, without causing any enquiry and without verifying the truth or otherwise of the contents of the explanation, passed the impugned proceedings cancelling the authorization of the petitioner. Hence the writ petition. 3. The only ground urged by the learned Counsel for the petitioner is that the 1st respondent passed the impugned order without giving any notice to the petitioner and without conducting any enquiry with regard to the residence of the petitioner. 4. In the light of the aforesaid contention of the learned counsel for the petitioner, it is relevant to extract the impugned order, dated 28.08.2009, passed by the 1st respondent, which reads as under: “In the reference 1st cited the Tahsilder, Yedpalli has reported that the fair price shop dealer of Yedpalli-I, Smt.Fathima Begum, got married and the shop is being run by her relatives and requested for cancellation of authorization and to notify the vacancy. In the reference 2nd cited a show cause notice has been issued and served calling the explanation as to why the authorization should not be cancelled as she got married and shop is run by her relatives. She has submitted her explanation till today. Therefore, the authorization of Smt.Fathima Begum, fair price shop dealer of Yedpalli-I is hereby cancelled with immediate effect. The Tahsildar Yedpalli is requested to make alternative arrangements till a new dealer is appointed”. 5. From a perusal of the aforesaid impugned order, it is clear that except issuing a show cause notice calling for explanation of the petitioner, no further opportunity has been given to the petitioner to explain as to whether she is residing at the place where the authorized fair price shop is situated or not. In fact, the learned Government Pleader for Civil Supplies also had fairly conceded that the petitioner was not given sufficient opportunity before passing the impugned order. 6. In the aforesaid circumstances, this Court is of the view that the impugned order, dated 28.08.2009, passed by the 1st respondent is liable to be set aside. 7. The writ petition is accordingly allowed and the impugned order, dated 28.08.2009, passed by the 1st respondent is hereby set aside. However, this order does not preclude the 1st respondent from passing a fresh order after affording reasonable opportunity of hearing to the petitioner. It is needless to observe that the petitioner can submit an explanation to the 1st respondent bringing to his notice all the aforesaid facts, including her place of residence. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 06th October, 2009. Tsy