IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOIURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19106 of 2008 Between: Nakka Nagalakshmi W/o. Ramulu Adiveedhi Palem H/o. Motupally Village, Chinaganjam Mandal, Prakasam District. ..... PETITIONER AND 1 The Collector (Civil Supplies) Prakasam District, Ongole. 2 The Joint Collector, Prakasam District, Ongole. 3 The Revenue Divisional Officer, Ongole, Prakasam District. 4 The Tahsildar, Chinaganjam Mandal, Prakasam District. 5 D. Ramakrishna Reddy S/o. Yellamanda Reddy R/o. Adiveedhi Palem , H/o. Motupally Village, Chinaganjam Mandal, Prakasam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ or order more particularly one in the nature of writ of Mandamus or an appropriate writ or order declaring the proceedings No,. Rc. CS2/2770-2/2008 dt. 16-8-2008 issued by the Respondent No.1 as illegal, arbitrary and unconstitutional and against to the Principles of natural justice and contrary to provisions of A.P. State Public Distribution System Control Order-2001 and to pass such other order or orders Counsel for the Petitioner: MR.KOTI REDDY IDAMAKANTI Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ORDER: Fifth respondent herein who is a card holder filed a revision petition before the ﬁrst respondent challenging the order passed by the 2nd respondent under which the suspension of the petitioner’s authorization was set aside. Pending that revision petition, ﬁrst respondent passed the impugned order dated 16.08.2008, thereby suspending the operation of the order of the second respondent with immediate eﬀect until further orders. By virtue of the said order, the suspension of the petitioner’s authorization is revived and he is restrained from supplying essential commodities to the card holders. Hence this writ petition. It is primarily contended by the learned counsel for the petitioner that the impugned order, which was passed without notice to the petitioner inspite of the fact that he ﬁled a caveat before the ﬁrst respondent, is arbitrary and illegal and therefore the same is liable to be set aside on that ground alone. As could be seen from the material on record, while the revision petition was pending before the ﬁrst respondent an interim order was passed earlier on 08.07.2008 and challenging the same the petitioner ﬁled W.P.No.15533 of 2008. This Court disposed of the said Writ Petition by order dated 04.08.2008 recording the statement of the ﬁrst respondent that the order impugned therein would be withdrawn since it was ambiguous and did not reﬂect the decision making process and particularly since the same was passed by a person who was not authorized to do so. However, this Court granted liberty to the ﬁrst respondent to pass a fresh order in accordance with law. Thereafter the impugned order came to be passed. It is true that if a caveat is lodged, the caveator is entitled to a prior notice. However, in the absence of any material before this court to show the date of registration of such caveat and particularly that the impugned order was passed without notice to the petitioner deliberately, I am not inclined to set aside the order impugned only on that ground. In the circumstances, without expressing any opinion on merits, I deem it appropriate to dispose of the writ petition directing the petitioner to ﬁle his counter before the ﬁrst respondent along with an application to vacate the impugned order dated 16.08.2008. If any such application is ﬁled, the ﬁrst respondent shall consider the same and pass appropriate order in accordance with law, after hearing both parties, as expeditiously as possible, preferably, within a period of one week from the date of ﬁling of such application. 6 The writ petition is accordingly disposed of. No costs. -------------- 04.09.2008 kvsn Issue C.C. by Monday B/o Kvsn REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}