IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 13548 of 2004 Between: M/s. Vimala Feeds Private Ltd., 301, Pavani Estates, Liberty X Roads, Hyd-29, rep. by its Director, Mr. C. Madhusudhan Rao. ..... PETITIONER AND 1 The Controller of legal Metrology, Gandhinagar, Hyderabad. 2 Inspector of Legal Metrology, Weights and Measures, Anakapalle- 5310031. .....RESPONDENT(S) 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 appropriate writ or order or direction more particularly one in the nature of writ certiorari calling for the records pertaining to the impugned proceedings Dt. 29.06.2004 issued by the 1st respondent and to set-a side the same as without jurisdiction, void abinitio and violative of principles of natural justice and provisions of Article 14 and 19 (g) of the Constitution of India. Counsel for the Petitioner:M/S.MOHAN VINOD & ASSOCIATES Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : Form-NIC-OGS/WP{JGK} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 13548 OF 2004 O R D E R: Petitioner questions the order of the Controller of Legal Metrology, Hyderabad dated 29-06-2004 on the ground that while disposing of the appeal filed by the petitioner under Section 69 of the Standard of Weights and Measures Enforcement Act, 1985(for short “the Act”), though a request was made in the grounds of appeal itself to give reasonable opportunity at the time of hearing, admittedly the appeal was disposed of without giving any notice and without giving any reasonable opportunity of being heard. The perusal of Sub Section (3) of Section 69 of the Act goes to show that on receipt of any such appeal, the appellate authority shall after giving parties to the appeal a requisite opportunity of being heard and after making such enquiry as it deems proper, make such order as it may think fit, confirming, modifying or enforcing the decision or order appealed against. With regard to the contention that the appellate authority has not given any opportunity of personal hearing, it is stated that the appeal was rejected based on the facts and material available on record. Thus, it is admitted that no opportunity of personal hearing was given while disposing of the appeal. As the disposal of the appeal is without giving opportunity of personal hearing as contemplated under Sub Section (3) of Section 69 of the Act, the impugned order is set-aside. The writ petition is allowed and the matter is remitted back to the first respondent to give a reasonable opportunity to the petitioner and dispose of the appeal afresh in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Date:24-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Controller of Legal Metrology, Gandhinagar, Hyderabad. 2. The Inspector of Legal Metrology, Weights and Measures, Anakapalle. 3. 2CCs to 4. 2CD copies