Dismissed

A. Mallaiah S/o Parwathalu, v. The Government of Andhra Pradesh

Telangana HC20 Mar 2013WP/8280/2013

Case brief

AI extract

What is this about?

The single judge dismissed a writ petition challenging a suspension of an A-4 license. Instead of deciding merits, the court held the petitioner must first exhaust the statutory appeal remedy under Section 63, noting suspension power exists despite Section 31(a).

What did the court decide?

Writ petition dismissed, liberty granted to avail appeal remedies. Interim relief petition dismissed as infructuous.

A. Mallaiah S/o Parwathalu, Vs The Government of… — Writ and Judicial Review | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.8280 of 2013 Date: 20.03.2013

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Between: A.Mallaiah, S/o Parwathalu

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..... Petitioner

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AND:

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The Government of Andhra Pradesh Rep. by its Principal Secretary-Excise, Hyderabad and two others.

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.....Respondents

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Counsel for the Petitioner: Sri A.Ravinder

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Counsel for the Respondents: AGP for Prohibition and Excise

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The Court made the following: ORDER:

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This Writ Petition is filed for a Mandamus to set aside order, vide proceedings in Rc.No.148/2013/P&Ex/A5, dated 16.03.2013, of respondent No.3, whereby he has suspended the petitioner's A-4 license pending enquiry.

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Ordinarily, a Writ Petition filed bypassing the statutory remedy of appeal is not entertained by this Court. The petitioner pleaded in his affidavit that he did not avail the remedy of appeal under Section 63 of the Andhra Pradesh Excise Act, 1968, (for short 'the Act') as, the impugned order was passed in violation of the principles of natural justice as adumbrated by proviso to Section 31(a) of the Act.

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A perusal of the impugned order shows that the same was passed pending enquiry. A full bench of this Court in Tappers Co-Op. Society, Maddur Vs. Supdt. of Excise^[1] , held that even though Section 31 of the Act

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does not confer express power on the competent authority to suspend the licenses pending enquiry, such a power is incidental or ancillary to the power to suspend the licenses as a substantive penalty. The Full Bench further held that no prior notice need be issued if the license is suspending pending enquiry. Therefore, the very premise on which the petitioner has bypassed the alternative remedy of appeal is in the teeth of this well settled legal position.

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Sri A.Ravinder, the learned counsel for the petitioner, submitted that the Full Bench of this Court in the above-mentioned judgment held that the power of suspension pending enquiry shall not be exercised in a routine manner.

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This aspect needs to be raised by the petitioner before the appellate authority and the same need not be considered by this Court, at this stage, as, the petitioner has failed to avail the remedy of appeal on a wrong notion that the impugned order was passed in violation of proviso to Section 31(a) of the Act.

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For the above-mentioned reasons, the Writ Petition is dismissed, without dealing with the merits of the case, with liberty to the petitioner to avail the remedies of appeal under Section 63 of the Act.

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As a sequel to dismissal of the Writ Petition, W.P.M.P.No.10349 of 2013, filed by the petitioner for interim relief is dismissed as infructuous.

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_____________________________ JUSTICE C.V.NAGARJUNA REDDY 20^th March 2013 DR

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[1] 1984(2) APLJ 1

A. Mallaiah S/o Parwathalu, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

A. Mallaiah S/o Parwathalu, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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