IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13850 of 2006 Between: M/s. Kodada Oil Depot, Min road, Opposite Busstand, Kodad-508 206, Nalgonda District, rep. by its Proprietor, G. Haribabu, S/o. Venkateswarlu, Kodad Town, Nalgonda District. ..... PETITIONER AND 1 A.P. Co-Operative Oil Seeds Growers Federation Ltd., 9th Floor, Parisharam Bhavan, Basheerbagh, Hyderabad, rep. by its Managing Director/Vice- Chairman. 2 M/s. PJM Agencies, Main road, Kodad Town, Nalgonda District, rep. by its Proprietor, Sri Patan Janmiya, R/o. Kodad, Nalgonda 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 an order or direction, more particularly one in the nature of writ of Certioari and call for the records relating to the proceedings of the First respondent bearing No: MK/CM/KOD/1153/06/0115, dt. 19.5.2006 and quash the same and consequently declare the impugned proceedings of the First Respondent bearing No. MK/CM/KOD/1153/06/0115, dt. 19.5.2006, as illegal, arbitrary, unjustifiable, unconstitution and also in violation of the Principles of Natural Justice and Rule of Equity. Counsel for the Petitioner: MR.V.SAMBASIVA RAO Counsel for the Respondent No.: MR.P.R.BALARAMI REDDY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 13850 of 2006 O R D E R: The petitioner herein is the distributor for Vijaya Oils in respect of Kodada area and its surrounding villages in Nalgonda District. The Distributorship was granted by the first respondent-federation vide proceedings dated 28-09-2001. While so, it appears that the second respondent, who is also a distributor of the first respondent, lodged a complaint making certain allegations against the petitioner and on the basis of the same, the first respondent-federation passed the impugned order dated 19-05-2006 suspending the distributorship of the petitioner. The said order is under challenge in this writ petition contending inter alia that the impugned order is arbitrary, illegal and in violation of the principles of natural justice since no opportunity was afforded to the petitioner to rebut the allegations made in the impugned order. This Court, while directing Rule Nisi by order, dated 10-07-2006, suspended the impugned order dated 19-05-2006 and the same was made absolute on 03-11-2006. Thus, the petitioner is being continued as a distributor all through. Despite notice, the first respondent-federation did not choose to enter appearance and no counter affidavit has been filed. Thus the main contention of the petitioner that the impugned order was in violation of the principles of natural justice stood un-rebutted. As a matter of fact, on a plain reading of the impugned order itself, it is clear that before passing the said order, no opportunity was given to the petitioner to explain the allegations. In the circumstances, the impugned order, which is in violation of the principles of natural justice, cannot be sustained. Accordingly, the same is hereby set aside. However, this shall not preclude the first respondent to pass fresh orders following due process of law. The writ petition is accordingly disposed of. No costs. ______________ G. ROHINI,J Date: 11-06-2008 KLP