HON’BLE MR.JUSTICE R. SUBHASH REDDY Writ Petition No.25642 of 2008 Date: August 11, 2011 Between: Medari Polivadu, S/o.Rajevadu, aged about 39 years, FP Shop Dealer, R/o.Jamachakram Village, Savarakota Mandal, Srikakulam District … Petitioner And The Tahsildar, Saravakota Mandal, Srikakulam District and another … Respondents Order: Petitioner is a fair price shop dealer of Jamachakram village in Srikakulam District. Disciplinary proceedings were initiated and show cause notice dated 16.09.2008 was issued to him by the 2nd respondent-Revenue Divisional Officer, as to why his authorisation should not be cancelled, by framing three charges. In the show-cause notice it is alleged that the petitioner is running the shop by engaging a benami person, that he is supplying only 2 litres of kerosene as against 2 ½ litres and also not distributing essential commodities properly. It appears petitioner has filed explanation to the said show cause notice on 27.09.2008. Pursuant thereto, order dated 23.10.2008 in D.Dis.No.1695/2008 is passed canceling the authorisation of the petitioner. It is to be seen that petitioner has filed explanation on 27.09.2008 on all the charges framed against him. Though the said explanation is referred to in the impugned order at Sl.No.3 of the reference, it is merely stated that his explanation is not satisfactory and his authorisation is cancelled on that ground. At this juncture, it is apposite to refer Clause 5 (5) of the A.P. State Public Distribution System (Control) Order, 2008, framed under the Essential Commodities Act, 1955 which reads as under: “The appointing authority may; at any time whether at the request of the authorized fair price shop dealer/nominated retailer/hawker or authorized establishment on suo-motu after making such enquiry as may be deemed necessary and for reasons to be recorded in writing, add to, amend, vary, suspend or cancel the authorization issued or deemed to be issued to him under this clause.” From a perusal of the aforesaid provision it is clear, to exercise power of cancellation of authorisation, reasons have to be recorded in writing by the appointing authority. In the impugned order, except stating that the explanation offered by the petitioner is not satisfactory, no other reason is recorded. As much as the petitioner has already filed explanation, no order canceling his authorisation could have been passed without recording any reasons. In that view of the matter, I deem, it is a fit case to set aside the order dated 23.10.2008 passed by the 2nd respondent-Revenue Divisional Officer in D.Dis.No.1695/2008. Accordingly, the said order is set aside with a direction to the 2nd respondent to consider the matter afresh and pass appropriate orders after giving opportunity of hearing the petitioner. If the petitioner intends to file an additional explanation to the show cause notice, he may do so within a period of four weeks from the date of receipt of a copy of this order. Writ petition is allowed to the extent indicated above. No order as to costs. __________________ (R.SUBHASH REDDY, J) August 11, 2011 MRR