THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14060 OF 2010 DATED: 25.06.2010 Between : Smt. T. Sudharani … Petitioner And 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and another. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14060 OF 2010 ORDER : The petitioner is the authorized dealer of the fair price shop of Maddipalli Village, Putluru Mandal, Anantapur District. By order dated 24.02.2010 passed by the 3rd respondent herein, the petitioner was informed that her temporary authorisation in respect of the fair price shop of Yellutla Village was suspended. As the petitioner was not permitted to distribute the commodities to all the cardholders of Maddipalli Village also, she filed W.P.No.5081 of 2010 contending that as she was never appointed nor was kept in-charge of fair price shop of Yellutla, the action of the respondents was arbitrary and illegal. While the said writ petition was pending, a show-cause notice dated 12.3.2010 was served on the petitioner alleging that the petitioner had misused 107 quintals of rice and diverted the same into black-market. It was also alleged that the petitioner failed to run the fair price shop at Yellutla and a benami person by name K. Kiran Babu was running the shop. The petitioner submitted her explanation stating that she was never appointed as in-charge dealer of Yellutla village and at no point of time she acted as in-charge dealer. It was also pointed out that Maddipalli Village was situated at a distance of 17 kms to Yellutla village and in between Yellutla and Maddipalli there were two fair price shops namely Jangamreddypeta and Maddudgupalli within a distance of 4 kms. The petitioner also made request to furnish the order if any appointing her as in-charge dealer of Yellutla village. Without considering the said request of the petitioner, the impugned order dated 24.5.2010 came to be passed cancelling the authorization of the petitioner of Maddipalli Village and Yellutla Village. Aggrieved by the same, the present writ petition has been filed. Heard the learned counsel for both the parties. A perusal of the material available on record shows that in response to the show-cause notice the petitioner submitted an explanation with a specific plea that she was never appointed as in- charge dealer of fair price shop of Yellutla. She also made a request to furnish certain documents, particularly the document under which she was entrusted additional charge of Yellutla fair price shop. Without taking into consideration any of her submissions, it was concluded in the impugned order that from the record it was clear that the petitioner was in-charge dealer of Yellutla village and that the same was run by K. Kiran Babu as benami. It was also concluded that the petitioner committed grave irregularities and diverted 107 quintals of rice to black-market. Both the said conclusions cannot be sustained as the petitioner was not furnished the documents which formed the basis for initiating action against her. Thus the impugned order is in violation of the principles of natural justice and therefore it is liable to be set aside on that ground alone. Accordingly, the impugned order of cancellation dated 24.5.2010 is hereby set aside and the writ petition is disposed of with a direction to the 2nd respondent – Revenue Divisional Officer - to conduct fresh enquiry after furnishing the documents as sought by the petitioner in her explanation and then pass appropriate orders in accordance with law. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Dt. 25.06.2010 gbs