A. Kalpana v. The Special Grade Deputy Collector

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.2490 of 2012 ORDER:

This Writ Petition is filed questioning the order passed by the Special Grade Deputy Collector-cum-Revenue Divisional Officer, Ranga Reddy East Division, in No.C/2177/2010 dated --11-2011, as illegal and arbitrary.

In his order dated -- -11-2011, the Revenue Divisional Officer observed that the enquiry report submitted by the Tahsildar showed that the petitioner was not residing in the given address; it appeared that she was not a resident of that area, and had given a false address; and she was not eligible to be appointed as a fair price shop dealer under the Control Orders. The petitioner was removed from the fair price shop dealership; and, in her place, the 2nd respondent was provisionally selected as a fair price shop dealer.

On the said proceedings being subjected to challenge in this Writ Petition, this Court, by order in W.P.M.P.No.3104 of 2012 dated 02.02.2012, granted interim suspension as prayed for. Consequently, the order, impugned in the Writ Petition, remains suspended for the past nearly 61⁄2 years. In view of the interim order, the petitioner must be running the fair price shop ever since. At this length of time, I see no reason to examine the rival contentions on merits as the impugned order, which was passed without putting the petitioner on notice, is in violation of principles of natural justice.

Suffice it, while setting aside the order impugned in the Writ Petition, to make it clear that this order shall not disable the

Revenue Divisional Officer from putting the petitioner on notice, giving her an opportunity of being heard; and, thereafter, to pass orders afresh in accordance with law.

The Writ Petition stands disposed of accordingly. The Miscellaneous Petitions pending, if any, shall also stand closed. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:02-05-2018.

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