IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1602 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 21/08/2008 in WP NO : 6682 OF 2008 on the file of the High Court.) Between: 1 Swayam Krushi Mahila Samithi, Nehru Nagar rep.by its President B.Rajeswari, W/o.Bhaskara Rao R/o.Nehru Nagar, Ongole Prakasam District 2 B.Rajeswari W/o.Bhaskara Rao R/o.Nehru Nagar, Ongole Prakasam District ..... APPELLANT(S) AND 1 State of Andhra pradesh, rep.by its Principal Secretary to Education Department, Secretariat, saifabad, Hyderabad 2 The Mandal Educational officer,Ongole Prakasam District 3 The Tahsildar, Ongole Mandal, Prakasam District 4 The Headmistress, Mandal Parishad Primary School Nehru Nagar, Ongole Prakasam District .....RESPONDENT(S) Counsel for the Appellant:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Appeal No.1602 of 2008 Oral Judgment: (per D.S.R.Varma, J.) Heard both sides. 2. This writ appeal is directed against the order, dated 21-8-2008, passed by a learned single Judge of this Court in dismissing W.P.No.6682 of 2008 filed seeking to declare the order in RCA.No.851/2006, dated 25-02-2008, passed by respondent No.3 as illegal, irregular, arbitrary and against principles of natural justice and consequently to direct the respondents to continue the petitioners’ cooking agency for cooking midday meals and serve the students of respondent No.4-Mandal Parishad Primary School, Nehru Nagar, Ongole, Prakasam district. 3. The unsuccessful writ petitioners are the appellants and the respondents are respondents before us. 4. In fact, on an earlier occasion, when the Agency of the petitioners was cancelled through proceedings dated 28-9-2006, W.P.No.19828 of 2006 was filed by the petitioners. In the said writ petition, it was directed that the petitioners should submit an explanation, while disposing of the same on 05-4-2007. The said order was extracted by the learned single Judge in the impugned order. Therefore, we are not referring to the other facts. 5. However, it appears that the notice was allegedly served on the petitioners by affixing the same on the door on the very next day of proceedings of cancellation of the agency given to the petitioners for cooking food and supplying the same to respondent No.4-School were effected. On that ground, this Court pointed out that, that may not be treated as sufficient service of notice and therefore, expressed a view that fresh show cause notice be issued and explanation should be offered by the petitioners. 6. In spite of such notice, no explanation had been offered by the petitioners. Therefore, respondent No.3 in the writ petition had proceeded in passing the impugned order, dated 25-02-2008, canceling the agency of the petitioners. 7. As a matter of fact, this is a second round of litigation. The earlier writ petition W.P.No.19828 of 2006 was disposed of on 05-4-2007 almost on compassionate ground, particularly in order to meet the ends of justice and to follow the principles of natural justice and accordingly directed the petitioners to offer an explanation. But, despite the said order, the petitioners did not choose to offer any explanation and therefore, there was no other option to the competent authority except to proceed with the matter and accordingly, taking into account the alleged irregularities allegedly committed by the petitioners, the impugned order in the writ petition cancelling the agency given to the petitioners for cooking food and supplying the same to respondent No.4-School was passed. 8. Accordingly, we do not find any merit in the writ appeal and the impugned order of the learned single Judge in the writ petition is confirmed, resulting in dismissal of the writ appeal, at the stage of admission. ____________________ JUSTICE D.S.R.VARMA ____________________ JUSTICE G.CHANDRAIAH 03rd December, 2008. Ak ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {TRK}