M KALYANI Vs. DISTRICT COLLECTOR PRAKASHAM

JUDGEMENT

(1.) This is an appeal for setting aside order dated 16.9.2005 passed by the learned Single Judge, vide which he dismissed Writ Petition No. 11962 of 2005 filed by the appellant for quashing orders dated 9.10.2004, 17.2.2005 and 29.5.2005 passed by Revenue Divisional Officer, Markapur, Prakasam District (Respondent No.3), Joint Collector, Prakasam (Respondent No.2) and District Collector, Prakasam (Respondent No.1) respectively, under the Andhra Pradesh Public Distribution Control Order, 2001 (hereinafter described as 'the Control Order').

(2.) The appellant was appointed as Fair Price Shop Dealer for C. Kothapalli Village, Pullalacheruvu Mandal, Prakasam District some time in 1996. In July, 2004, Mandal Revenue Officer, Pullalachervu Mandal sent a report to respondent No.3 stating therein that the appellant had committed several irregularities as fair price shop dealer. Thereupon, respondent No.3 issued show- cause notice to the appellant and suspended her authorization. On appeal, respondent No.2 vide his order dated 1.9.2004 directed respondent No.3 to complete the enquiry and pass appropriate order within one month. Thereafter, respondent No.3 passed order dated 9.10.2004 vide which he cancelled the authorization of the appellant. The appeal and revision filed by the appellant were dismissed by respondent Nos.2 and 1 respectively, vide their orders dated 17.2.2005 and 29.5.2005.

(3.) The appellant questioned the above noted orders in Writ Petition No. 11962 of 2005 mainly on the ground of violation of the rules of natural justice. She averred that respondent No.3 ordered cancellation of her authorization without adverting to the points taken by her in reply to the show- cause notice and without recording a specific finding on the charges enumerated in the show- cause notice. She further pleaded that respondent No.3 could not have cancelled her authorization on the basis of vague allegation that there were irregularities in the distribution of essential commodities.