IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14265 of 2010 Between:
P.Narayana Rao . PETITIONER AND The Commissioner of Civil Supplies, A.P., Civil Supplies Bhavan, Somajiguda, Hyderabad and another . RESPONDENTS The Court made the following :
THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14265 OF 2010 O R D E R :
The petitioner is a wholesale kerosene dealer of Hindustan Petroleum Corporation Limited at Kandukuru, Prakasam District. By order dated 23.05.2010 passed by the 2nd respondent, the petitioner’s B- Form licence was suspended for a period of 90 days pending finalisation of disciplinary proceedings. Aggrieved by the same, the petitioner preferred an appeal before the 1st respondent-Commissioner of Civil supplies, A.P., Hyderabad on 27.05.2010, which was dismissed on the same day i.e., on 27.05.2010. Aggrieved by the same, the present writ petition is filed.
I have heard the learned counsel for the petitioner as well as the learned Government Pleader for civil supplies appearing for the respondents.
It is apparent from the material placed before this Court, that the appeal was dismissed at the threshold without even calling for the records relating to the 2nd respondent’s order dated 23.05.2010 and moreover without assigning any reasons. The first respondent committed an error in dismissing the statutory appeal without considering any of the grounds raised in the appeal. The order is also bad as the first respondent who is a Quasi judicial authority failed to assign reasons in support of his conclusions. Such an order being in violation of the principles of natural justice, is liable to be set aside on that ground alone.
Accordingly, the impugned order is set aside and the Writ Petition is disposed of with a direction to the 1st respondent to reconsider the petitioner’s appeal following due process of law and pass appropriate orders afresh, as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of this order. No costs.
Date: 22.06.2010 G. ROHINI, J Ivd