THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33451 of 2010 DT.17.02.2011 Between: Bheemavarapu Bhaskara Reddy … Petitioner And State of Andhra Pradesh rep.by its Collector (Civil Supplies), Machilipatnam, Krishna District and another … Respondents Counsel for the Petitioner: Sri N.Siva Reddy Counsel for respondents: AGP for Civil Supplies The Court made the following ORDER: ORDER: This writ petition is filed to set aside proceedings in Rc.No.A/346/2010, dated 27.12.2010. The petitioner is a kerosene hawker. An inspection of premises, bearing No.6-91, allegedly revealed that the petitioner has unauthorisedly stored certain quantities of kerosene and based on the said inspection, proceedings under Section 6-A of the Essential Commodities Act, 1955 were initiated by respondent No.1. A show- cause notice was issued on 07.12.2010, by respondent No.2, to which, the petitioner is stated to have submitted his explanation. Thereafter, respondent No.2 has passed the impugned order suspending the kerosene hawker licence of the petitioner. Though time was taken by the learned Assistant Government Pleader for Civil Supplies, no counter affidavit has been filed. A perusal of the impugned order does not disclose that respondent No.2 has discussed the contents of the petitioner’s explanation. Respondent No.2 has merely made a cryptic observation that the petitioner’s explanation is not satisfactory. Such an approach cannot be upheld, because having called for an explanation, respondent No.2 is under legal obligation to consider the contents thereof and give reasons for this rejection. Moreover, respondent No.2 has failed to indicate in his order whether the same was passed as a final order imposing substantive penalty or as an interim measure. The impugned order cannot therefore be sustained and the same is accordingly quashed. The writ petition is accordingly allowed. Liberty is, however, given to respondent No.2 to pass an order afresh, in the light of the observations made herein above. As a sequel to disposal of the writ petition, the interim order, dated 30.12.2010, granted by this Court, shall stand vacated and W.P.M.P.No.42427 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 17.02.2011 VGB/ES