Dismissed

M/s. Kedia Distilleries, v. Mr.Sameer Sharma, I.A.S

Telangana HC10 Dec 2013CC/1912/2013

Case brief

AI extract

What is this about?

This order closes a contempt case alleging disobedience of a previous order. The Commissioner of Prohibition & Excise explained the delay due to record tracing, tendered an unconditional apology, and processed the petitioner's application. The court chose not to proceed with the contempt proceedings.

What did the court decide?

Contempt case closed. Liberty to the petitioner to pursue the license application as per the fresh endorsement given by the respondent.

M/s. Kedia Distilleries, Vs Mr.Sameer… — Public Procurement and Tenders | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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CONTEMPT CASE No.1912 of 2013

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Dated: 10.12.2013

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Between: M/s. Kedia Distilleries, Rudrur Village, Nizamabad District, rep. by its Managing Partner, Shri Niranjan Lal Agarwal

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.. Petitioner

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and Mr. Sameer Sharma, IAS, The Commissioner of Prohibition & Excise, Abkari Bhavan, Nampally, Hyderabad.

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.. Respondent Counsel for the Petitioner: Mr. Ch. Pushyam Kiran Counsel for the Respondent: G.P. for Prohibition & Excise

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The Court made the following:

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ORDER:

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This contempt case is filed alleging willful disobedience of order dated 17.06.2013 in W.P.No.16343 of 2013.

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A counter-affidavit has been filed by the present Commissioner of Prohibition and Excise of A.P., wherein he has inter alia stated that the petitioner has made an application on 20.05.2013 for grant of LOI for establishment of distillery for manufacture of spirits and that the said application is incomplete as the same was made without enclosing a non-adjustable fee of Rs.20,00,000/- and that, therefore, the application was not entertained. It is further averred that before taking a decision on the petitioner’s application, perusal of old/connected records was needed and that tracing of those records had consumed time. That after tracing the old record, the petitioner’s application dated 20.05.2013 was examined and the petitioner was informed through Cr.No.B1/956/2013/CDB/EX dated 07.12.2013, wherein it was requested to submit a fresh application as per Rules 4 and 5 of the A.P. Distillery (Manufacture of Spirits) Rules, 2006, for taking further necessary action. The Commissioner has also tendered his unconditional apology for non-disposal of the petitioner’s application till the contempt case is filed.

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In the light of the explanation submitted by the Commissioner of Prohibition and Excise, and disposal of the petitioner’s application albeit after filing of the contempt case by the petitioner, I do not intend to proceed further with the contempt case.

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The contempt case is accordingly closed, with liberty to the petitioner to pursue with the respondent for grant of license, by making a fresh application as per the above-noted endorsement given by the respondent.

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C.V.NAGARJUNA REDDY, J

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10^th December 2013 IBL

M/s. Kedia Distilleries, v. Mr.Sameer Sharma, I.A.S

Case brief

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M/s. Kedia Distilleries, v. Mr.Sameer Sharma, I.A.S

Case brief

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What the court decided

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