Dismissed
G. Venkata Subbaiah v. The Prohibition and Excise Superintendent
Telangana HCWP/17772/2005
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE THIRD DAY OF MARCH NOVEMBER TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 17772 of 2005
Between:
G. Venkata Subbaiah S/o. G. Nagi Reddy R/o. Gadivemula Village & Mandal, Kurnool District,
.....
PETITIONER
AND
The Prohibition and Excise Superintendent, Kurnool District, Kurnool,
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in suspending the petitioner's license of IL & FL shop at Godivemula Kurnool District by issuing the impugned orders in Rc.No. C2/947/2005, dt. 6-8-2005 without issuing any notice and giving opportunity to the petitioner which is quite contrary to Sec. 31(i) of A.P. Excise Act apart from gross violation of Principles of natural justice, as illegal, arbitrary, and in violation of Article 14, 19 and 21 of the Constitution of India and consequently set aside the above said impugned orders of the respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY
Counsel for the Respondents: GP FOR PROHIBITION
& EXCISE
The Court made the following Order:
THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17772 of 2005
ORDER:
The petitioner was granted Form A-4 licence under Rule 17 of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 for the year 2005-2006 i.e., from 01.07.2005 up to 30.06.2006. When the licence was suspended by impugned order dated 06.08.2005, he filed instant writ petition and obtained interim stay challenging the same under various grounds.
In the counter-affidavit filed by the Assistant Prohibition and Excise Superintendent, it is stated that order of suspension was revoked by subsequent proceedings dated 17.08.2005 pending disposal of departmental and criminal case booked against the petitioner.
In that view of the matter, cause in the writ petition does not survive and the writ petition is accordingly dismissed as infructuous. No costs.
(V.V.S.RAO, J)
03rd November, 2008
GHN
To
The Prohibition and Excise Superintendent, Kurnool District, Kurnool, 2 2CCs to GP for Prohibition and Excise 3 2CD copies
Form-NIC-OGS/WP{VSMI}
G. Venkata Subbaiah
The Prohibition and Excise Superintendent, Kurnool District
V.V.S.Rao
As recorded by the court registry
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