Cheppali Chand Basha v. The State Of Andhra Pradesh Rep By Its Principal Secretary,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7473 of 2016 ORDER:

The order dated 08.01.2016 passed by the 3rd respondentRevenue Divisional Officer, Jammalamadugu, in canceling the Fair Price Shop license issued in favour of the petitioner is challenged before this court on the ground that the final show cause notice dated 28.12.2015 was served on the petitioner on 04.01.2016. In the show cause notice dated 28.12.2015, the petitioner was given opportunity to submit his explanation within seven days and he submitted his explanation on 08.01.2016. Though the explanation was submitted on 08.01.2016 in the impugned order it was recorded by the 3rd respondent-Revenue Divisional Officer, Jammalamadugu that on 05.01.2016 petitioner had not made his personal appearance and offered his explanation. The order suffers from utter violation of principles of natural justice.

Learned Government Pleader though initially tried to defend the action of the respondents, when confronted with the fact that the very notice was served on the petitioner on 04.01.2016 giving seven days time to submit explanation would concede that is not in order. The facts are not in dispute. The show cause notice dated 28.12.2015 is served on the petitioner on 04.01.2016. In normal circumstances petitioner has time, even according to the show cause notice, seven days to submit his explanation, that would take the matter to 11.01.2016.

Petitioner submitted his explanation on 08.01.2016. Thereafter, there is no notice issued to the petitioner fixing a date for personal hearing. Further, the very explanation submitted by the petitioner does not appear to have been considered in any manner. In that view of the matter, the order dated 08.01.2016 cannot be sustained and accordingly the same is set aside. However,

it is left open for the 3rd respondent to conduct an enquiry and pass appropriate orders in accordance with law by duly following the procedure prescribed in addition to giving an opportunity of being heard the petitioner.

Accordingly, the Writ Petition is allowed setting aside the order dated 08.01.2016 passed by the 3rd respondent-Revenue Divisional Officer, Jammalamadugu. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

9th March, 2016 Ssv