THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24616 of 2009 DATE:05.12.2009 Between: Bobbala Karunakar ... Petitioner and The Joint Collector, Warangal District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24616 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceedings No.F2/F3/625/2008 dated 30.09.2009 issued by the 1st respondent cancelling the order of the 2nd respondent dated 24.09.2008, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that in pursuance of the notification No.B/1395/2007 dated 20.08.2008 issued by the 2nd respondent calling for applications for appointment of fair price shop dealers, himself, the 3rd respondent herein and another applied for the same, and after conducting interviews, the 2nd respondent provisionally selected him as the dealer of fair price shop No.33 of Maheswaram Village, Narasampet Mandal, Warangal District, by his letter No.A/1186/2008 dated 24.09.2008. As against the same, the 3rd respondent filed an appeal No.18 of 2008 before the 1st respondent. But, the 1st respondent, without affording an opportunity of hearing, allowed the appeal by cancelling the the order dated 24.09.2008 passed by the 2nd respondent, and remanded the matter to the 2nd respondent for fresh consideration and selection. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner, the learned Government Pleader for Civil Supplies, and the learned counsel for the 3rd respondent. 4. The learned counsel for the petitioner has contended that the petitioner is not aware of the date of hearing in the appeal and hence he could not appear before the 1st respondent at 10.30 a.m. on 19.09.2009. In this regard, the learned counsel has drawn my attention to a letter dated 14.09.2008 addressed by the 1st respondent informing the petitioner to attend for hearing of the appeal on 19.09.2009 at 10.30 a.m. 5. From a perusal of the letter dated 14.09.2009, it is clear that it was sent by way of certificate of posting on 17.09.2009 and was received by the petitioner on 19.09.2009 at 5.00 p.m. In view of the same, it cannot be expected that the petitioner, who had no notice of the time of hearing, would appear before the 1st respondent at 10.30 a.m. on 19.09.2009. 6. It is also the countention of the learned counsel for the petitioner that immediately after receipt of the letter, the petitioner approached the 1st respondent and gave a represenation on 22.09.2009 stating the circumstances, under which he could not appear before him on 19.09.2009, and requesting to fix any other date for hearing the appeal. Though the said factual aspect was brought to the notice of the 1st respondent, he did not consider the application of the petitioner and passed the order dated 30.09.2009 impugned in this writ petition. 7. Apparently, the impugned order is without putting the petitioner on notice. When the petitioner was the selected candidate and an appeal is filed against his selection, the appeallate authority i.e. 1st respondent shall issue a notice directing the petitioner to appear before him so that he can advance his conentions. No doubt, a notice has been issued, but the said notice, in my considered view, is not a notice for the reason that the same was received by the petitioner only after the time of hearing of the appeal elapsed. Therefore, this Court has no hesitation to come to the conclusion that the impugned order is liable to be set aside. 8. Accordingly, this writ petition is allowed and the impugned order dated 30.09.2009 is hereby set aside. The 1st respondent is hereby directed to take up the appeal afresh filed by the 3rd respondent and pass appropriate orders thereon within a period of four (4) weeks from the date of receipt of a copy of this order. It is needless to observe that before passing orders in the appeal, he shall put the petitioner and the 3rd respondent on notice so that they can advance their contentions. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 5th December, 2009 Note: Furnish C.C. by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24616 of 2009 (Allowed) 5th December, 2009 Note: Furnish C.C. by three days. (b/o) CBS