THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14752 of 2011 Date: 07.06.2011 Between: M. Konda Reddy … Petitioner and The Joint Collector, SPSR Nellore District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14752 of 2011 ORDER : Heard Sri K. Muralidhar Reddy, counsel representing Sri Boya Ravinder Reddy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Revenue appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. The order of the 2nd respondent-Revenue Divisional Officer, Kavali, S.P.S.R. Nellore District, in Rc.No.B.3769/2004, dated 14.5.2011, through which the earlier order dated 12.5.2011 has been revoked, is under challenge in this writ petition. 3. The petitioner was appointed as a Fair Price Shop dealer of Padamati Naidu Palli Village, Marripadu Mandal, in the year 1984. On 17.8.2004, the 3rd respondent-Mandal Revenue Officer, Marripadu Mandal, along with his staff inspected the shop and found certain variations in the stock. Basing on the report of the 3rd respondent, the 2nd respondent suspended the authorization of the petitioner by order dated 1.9.2004. As against the said order, the petitioner preferred an appeal to the 1st respondent-Joint Collector, Nellore District, and the said appeal was disposed of on 23.10.2005 directing the 2nd respondent to dispose of the matter within three weeks by giving due opportunity to the petitioner. Pursuant to the said order, the 2nd respondent heard the petitioner on 26.12.2005 and passed orders on 12.5.2011 i.e., after a lapse of more than five years. By the said order, authorization was restored by imposing a penalty of Rs.3,000/- for the lapses committed, besides warning the petitioner not to repeat such lapses in future. The petitioner has paid the said penalty amount on 16.5.2011. 4. It appears that in the year 2006, the petitioner was elected as a Member of the Mandal Parishad Territorial Constituency of Padamati Naidu Pally village. In the meanwhile, the State Government issued orders in G.O.Ms.No.4, CA, F&CS (SC.I) Department, dated 19.2.2011, under A.P. Public Distribution System (Control) Order, 2008 prescribing that certain individuals holding any public office, like Sarpanch of Gram Panchayat, President of Mandal Praja Parishad, Chairman of Zilla Praja Parishad, Presidents of Cooperative Societies, Councillers or Chairman of Municipality/Members of Zilla Parishad Territorial Constituency (ZPTC) etc., or holding any office of profit irrespective of the reservation shall not be eligible for being appointed as Fair Price Shop dealers. Invoking the said orders, the 2nd respondent passed the impugned order dated 14.5.2011, revoking the order dated 12.5.2011 wherein the authorization was restored to the petitioner by imposing fine. Aggrieved by the said order, the present writ petition is filed for the aforesaid relief. 5. Indisputably, the petitioner suffered the suspension of his authorization to run Fair Price Shop by order dated 1.9.2004 and eversince then, the enquiry was pending. The matter was heard by the 2nd respondent on 26.12.2005 and order was passed after a lapse of more than five years on 12.5.2011. Therefore, it is evident that from 1.9.2004 till 12.5.2011 the authorization of the petitioner remained suspended, during which period the petitioner was elected as a Member of the Mandal Parishad Territorial Constituency of Padamati Naidu Pally village. These are all the relevant facts, which ought to have been taken into consideration by the 2nd respondent before passing the impugned order. 6. A perusal of the impugned order shows that the petitioner was not even given an opportunity to put-forth his explanation before passing the impugned order. It is, therefore, evident that the impugned order has been passed in violation of the principles of natural justice. 7. In the circumstances, the writ petition is allowed setting aside the impugned order dated 14.5.2011 and the matter is remanded to the 2nd respondent with a direction to consider the matter afresh and pass appropriate orders in accordance with law, after providing due opportunity to the petitioner. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 07.06.2011. NOTE:- Issue C.C. in one week. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14752 of 2011 07.06.2011 (Msr)