IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 13848 of 2010 Between: M/s. S.Penchalaiah ..... PETITIONER AND The Joint Collector, Nellore District, SPSR Nellore and another .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 13848 OF 2010 O R D E R : The petitioner herein, is the temporary dealer of the fair price shop of Somasila village, Shop No.27, Ananthasagaram Mandal, Nellore District. Challenging the notification dated 01.03.2010 issued by the Revenue Divisional Officer, Nellore District inviting applications from S.C Women to fill up the vacancy of the said fair price shop, the petitioner filed an appeal before the 1st respondent herein contending that the fair price shop was actually earmarked for B.C community and the conversion of the same into S.C Women category was arbitrary, illegal and contrary to the guidelines for appointment of fair price shop dealers issued vide G.O.Ms.No.52, dated 18.12.2008. It was also contended that as 70% population of the village belonged to B.C. community and there were only six card holders of S.C community, there was absolutely no justification in reserving the vacancy for S.C Women. The said appeal was dismissed by order dated 17.04.2010 and aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents and perused the material available on record. It is apparent from the impugned order that the 1st respondent while dismissing the appeal failed to consider anyone of the contentions raised by the petitioner. Without giving any decision on the objections raised by the petitioner, the appeal was dismissed merely directing the Revenue Divisional Officer, Nellore to carryout the process of filling up the fair price shop dealer vacancy duly following the procedure laid down in the Andhra Pradesh State Public Distribution System Control Order, 2008 and observing the rule of reservation. The 1st respondent- statutory appellate authority erred in passing such a cryptic order without application of mind to the controversy involved in the matter. Hence, on that ground alone the impugned order is liable to be set aside. Accordingly, the impugned order is hereby set aside and the Writ Petition is disposed of with a direction to the 1st respondent to reconsider the petitioner’s appeal and pass appropriate order afresh following due process of law. Such exercise shall be completed as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of this order, after giving an opportunity of hearing to the petitioner. Writ Petition is accordingly disposed of. No costs. ​ ____________ Date: 18.06.2010 G. ROHINI, J Note: Issue CC of order by Tuesday (B/o) Ivd