HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6102 of 2008 ORDER: The case on hand presents a classic example of how some authorities throw all norms to the winds when exercising power. The petitioner’s authorization as the fair price shop dealer of Jajireddygudem Village, Arvapally Revenue Mandal, Nalgonda District, was cancelled by the Revenue Divisional Officer, Suryapet under the impugned proceedings dated 05.01.2008. The said cancellation was based on the enquiry report dated 27.11.2007 of the Deputy Tahsildar (Civil Supplies), Suryapet. Admittedly, no show cause notice was issued to the petitioner based on the findings recorded in the said report and action was resorted to straightaway for cancellation of his authorization. His appeal against the said order before the Joint Collector, Nalgonda, resulted in the rejection of his stay application. Aggrieved thereby, the petitioner challenged the order of the primary authority dated 05.01.2008 by way of this writ petition. It is stated that the appeal aforestated was withdrawn thereafter. This Court, by interim order dated 24.03.2008 suspended the impugned order. The said interim order was made absolute on 19.10.2010, dismissing the vacate stay application filed by the respondent-authorities. Pursuant thereto, the petitioner is stated to be continuing as the dealer of the subject fair price shop. Perusal of the order dated 05.01.2008 reflects that based on the initial enquiry report dated 10.05.2007 submitted by the Deputy Tahsildar (Civil Supplies), Kodad and his team, the petitioner was issued show cause notice dated 16.05.2007. He submitted his explanation thereto on 29.05.2007. Thereupon, under proceedings dated 23.06.2007 his authorization was suspended. Aggrieved thereby, he approached this Court by way of Writ Petition No.14734 of 2007. The said writ petition was disposed of directing the authorities to treat the suspension imposed upon the petitioner as suspension pending enquiry and to expedite and complete the enquiry within four weeks. Pursuant to the said direction, it appears that the Deputy Tahsildar (Civil Supplies), Suryapet, again conducted an enquiry into the matter and submitted his report dated 27.11.2007 pointing out various irregularities alleged to have been committed by the petitioner. These irregularities pertain to collection of coupons from the card holders. The details of these irregularities which find mention in the impugned order dated 05.01.2008 were however not communicated to the petitioner by way of a separate show cause notice. Further, it is not in dispute that a copy of the enquiry report dated 27.11.2007 submitted by the Deputy Tahsildar (Civil Supplies), Suryapet, was not made available to the petitioner. A learned Division Bench of this Court in M.Kalyani V. District Collector, Prakasam[1], held that unless a copy of the primary report on the basis of which charges are levelled against the dealer is made available to him, it would vitiate the entire proceedings on the ground of violation of the principles of natural justice and denial of an effective opportunity to the dealer to present his defence. In the light of the law laid down by this Court in Kalyani’s case (supra), the admitted failure on the part of the authorities in making available to the petitioner a copy of the second enquiry report dated 27.11.2007 vitiates the entire proceedings and consequently, the impugned order dated 05.01.2008. That apart, the fact that the petitioner was not even put on notice as to the allegations which find mention in the said report manifests a blatant violation of the principle of audi alteram partem. Thus, the impugned order dated 05.01.2008 suffers on grounds more than one and cannot be sustained. The writ petition is accordingly allowed setting aside the cancellation of the petitioner’s authorization as the fair price shop dealer of Jajireddygudem Village, Arvapally Revenue Mandal, Nalgonda District, under the impugned order dated 05.01.2008. In the circumstances, there shall be no order as to costs. ________________________ JUSTICE SANJAY KUMAR 21st June 2011 DR [1] 2006(5) ALD 796