1. On 26-10-2007, the learned Assistant Government Pleader for Civil Supplies had taken notice and requested time to get instructions. The learned Assistant Government Pleader for Civil Supplies had placed the instructions before this court and submitted that the Revenue Divisional Officer, Ananthapur, had issued notices on 12.08.2005, 03.09.2005 for hearing the case on 03.09.2005 and 19.09.2005. After considering the explanation of the dealer and also after giving an opportunity of personal hearing on 03.09.2005 and finally on 17.10.2005, the Revenue Divisional Officer, Ananthapur, has cancelled her dealership vide D.Dis.No.DICS/1018/2005, dated 22-10-2005.

2. The main grievance of the writ petitioner is that the order of cancellation made is not preceded by a show cause notice calling upon the writ petitioner to explain why the cancellation should not be effected. The learned counsel would contend that the show cause notice was issued calling upon the petitioner to explain why her authorization not to be suspended and in the light of the same, the impugned proceeding is bad in law. The learned counsel placed strong reliance on the decision of this court in M.Vijya Lakshmi Vs. Joint Collector, Anantapur, Ananthapur District and others1.

3. The writ petition is filed for a writ of Mandamus to declare the order dated 05.10.2007 in Rc.No.K4/ATP/164/06 on the file of the first respondent, order dated 08.02.2006 in D.Dis.No.K4/ATP/1146/05 on the file of the 2nd respondent and the order dated 22.10.2005 in D.Dis. D1/CS/1018/2005 on the file of the 3rd respondent, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice and pass such other orders.

4. It is stated by the petitioner that she was appointed as fair price shop dealer for Shop No.13 of Guntakal Village and Mandal in Ananthapur District, in the year 1979. Since then she has been distributing the essential commodities to all the card holders attached to her shop without any complaint.

5. It is further stated that while so, some persons who are inimical to the petitioner and who want to dislodge her from fair price shop dealership, seem to have lodged a false complaint before the 4th respondent herein. Basing on the exparte report submitted by the 4th respondent behind her back, the 3rd respondent herein has issued show cause notice dated 16.07.2005 in Rc.No.D1/CS/1018/2005 alleging following irregularities and she was called upon to submit her explanation. a) Fair price shop dealer entrusted the entire fair price shop to one Sri Pullaiah who is running the shop as benami. b) The benami fair price shop dealer is distributing the essential commodities for 2 to 3 days in a month. c) The fair price shop dealer is residing in Gooty instead of Guntakal. d) Fair price shop dealer has not displayed the stock cum price list board. e) Fair price shop dealer violated Condition No.7 of the authorization by selling the commodities at excess rates. f) Fair price shop dealer is selling the commodities with less weighment. g) Fair price shop dealer is in the habit of abusing the card holders. h) Fair price shop dealer is distributing the rice which are not fit for human consumption. To the above said show cause notice, she has submitted her explanation on 10-08-2005 denying the charges levelled against her. She has informed the 3rd respondent that since she underwent back bone surgery, she was taking the assistance of Mr. Pullaiah, the Stock cum Price list board was maintained duly mentioning the stock particulars and that the commodities are being sold at correct prices with proper weighment. In her explanation, she has also requested the 3rd respondent to furnish her a copy of the report submitted by the 4th respondent so as to enable her to submit an effective reply. But without considering the same in proper perspective and without furnishing her the report of the 4th respondent, the 3rd respondent has passed order dated 22.10.