HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.16230 OF 2008. DATED 29th November, 2010. BETWEEN G.Venkatesu …Petitioner And The Government of Andhra Pradesh, Rep. by its District Collector,Kadapa, Kadapa District and ors. ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 16230 OF 2008. ORDER: The petitioner is the authorized Fair Price Shop No. 88 of NGO”s Colony Kadapa city and District. On the basis of the report submitted by the Tahsildar, the second respondent-Revenue Divisional Officer, issued a show cause notice dated 29.4.2008 alleging that during the door-to-door enumeration, certain bogus ration cards belonging to the petitioner’s shop were found and that the petitioner failed to inform the said fact to the concerned authorities and based on the same, the petitioner was asked to show cause within fifteen days from the date of receipt of show cause notice as to why his authorization should not be cancelled. According to the petitioner, the said show cause notice was served on him on 16.7.2008 and the fifteen days time granted for submitting the explanation would expire on 31.7.2008. However, the impugned order was passed on 22.7.2008 itself cancelling the authorization alleging that though the show cause notice was served on 19.5.2008, the petitioner failed to submit his explanation within the stipulated period of fifteen days. The said order of cancellation dated 22.7.2008 is challenged in this Writ Petition on the ground that since no opportunity was given to the petitioner to submit his explanation the impugned order is arbitrary, illegal and in violation of principles of natural justice. In the counter affidavit filed on behalf of the respondents, the plea of the petitioner that the show cause notice was served on him on 16.7.2008 has been denied and it is stated that the show cause notice was actually served on him on 19.5.2008 itself. Having regard to the dispute with regard to the date of service of the show cause notice on the petitioner, this Court called for the record. The record placed before this court by the learned Government Pleader shows that the show cause notice was served on 19.5.2008 and the petitioner himself signed on the copy of the show cause notice acknowledging the receipt of the same. However, the case of the petitioner is that he never put the date while acknowledging the receipt of the show cause notice. The learned Counsel for the petitioner while ascertaining that the show cause notice was served on the petitioner only on 16.7.2008 stated that the date as 19.5.2008 might have been inserted subsequently in the office of the respondents. Be that as it may, since admittedly the impugned order of cancellation was passed without considering the petitioner’s version to the allegations made in the show cause notice, without going into the correctness of the rival claims made by the parties with regard to the date on which the show cause notice was served, I deem it appropriate to dispose of the Writ Petition granting a further opportunity to the petitioner to make his explanation to the allegations in the show cause notice so that an appropriate order can be passed afresh on merits. Accordingly, the impugned order is hereby set aside and the Writ Petition is disposed of permitting the petitioner to submit his explanation to the show cause notice dated 22.7.2008 within a period of two weeks from today. If any explanation is received within the time stipulated above, the second respondent shall consider the same and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks thereafter. No costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 29.11.2010. Msnro