HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4328 of 2009 ORDER: Heard both sides. In this Writ Petition, the petitioner has questioned the proceedings vide Roc.No.K/2045/2008, dated 04.02.2009, of the Revenue Divisional Officer, Tirupati, Chittoor District. The petitioner is the authorized fair price shop dealer for distribution of essential commodities for shop No.83, Tirupati Town, Chittoor District. It appears, the Assistant Supply Officer, Tirupati, along with the Civil Supplies Deputy Tahsildar, Tirupati and Mobile Squad Deputy Tahsildar, Revenue Divisional Officer’s Office, Tirupati, have inspected the petitioner’s fair price shop on 16.10.2008 and found certain irregularities and that, accordingly, the Assistant Supply Officer submitted a report to the Revenue Divisional Officer, Tirupati, who, referring to the said report, passed the order, dated 17.10.2008, whereby the authorization of the petitioner was kept under suspension pending enquiry. Subsequently, the petitioner was issued a show cause notice. However, the impugned order was passed cancellation the authorization of the petitioner to run the fair price shop on the ground that in spite of giving two opportunities, the petitioner has not submitted any explanation to the show cause notice. At the stage of admission, this Court by interim order, dated 04.03.2009, in W.P.M.P.No.5670 of 2009, suspended the impugned order and the said order continued all along. Though the impugned order refers to the report submitted by the Assistant Supply Officer, Tirupati, the irregularities noticed in the petitioner’s fair price shop during the inspection and the findings recorded thereon are not reflected. As per the scheme of Andhra Pradesh Public Distribution System (Control) Order, 2001, the Revenue Divisional Officer is empowered to cancel the fair price shop authorization of the petitioner by recording reasons. Admittedly, the petitioner has not filed any explanation to the show cause notice. But, that by itself is not a ground, without recording the alleged irregularities noticed in the running of the shop by the petitioner, for cancelling his authorization. In that view of the matter, this Court is of the opinion that it is a fit case to order reconsideration of the matter by the Revenue Divisional Officer, Tirupati. For the aforesaid reasons, the proceedings vide Roc.No.K/2045/2008, dated 04.02.2009, of the Revenue Divisional Officer, Tirupati, Chittoor District, are hereby set aside. The petitioner is granted six weeks’ time from today for submitting explanation to the show cause notice. Thereupon, the respondent shall, with reference to the explanation submitted by the petitioner, pass appropriate orders. It is also made clear that if the petitioner does not choose to file any explanation, it is open to the Revenue Divisional Officer, Tirupati, to pass appropriate orders by recording the alleged irregularities noticed in the fair price shop of the petitioner and giving the reasons therefor for cancelling the authorization of the petitioner to run the said fair price shop. Subject to the above directions, the Writ Petition is allowed. There shall be no order as to costs. ___________________________ JUSTICE R.SUBHASH REDDY 21st November 2011 DR