Single-judge writ petition challenging suspension of liquor license pending enquiry. Court rejected merits contention as power to suspend pending enquiry is unchallenged, directing authorities to complete enquiry and take final action within four weeks.
The assisted authority directed to complete the enquiry and take appropriate action within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11910 of 2016
ORDER:
The prayer of the petitioner in this case is as under:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in issuing Proceedings in Rc.No.B3/195/2016 dt.20-02-2016 without following due process of law is illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents to restore the license of the petitioner bearing No.70/2007 which is valid upto 30-09-2017 of TFT License Shaikpally Village, Hanwada Mandal, Mahabubnagar District, Telangana State in the interest of justice.”
By the proceedings dated 20.02.2016, the Prohibition and Excise Superintendent, Mahabubnagar, suspended the petitioner’s licence pending enquiry.
As the power of the authority to take such a measure pending enquiry is not questioned, this Court finds no reason to entertain this writ petition for adjudication on merits. It is for the petitioner to face the enquiry.
Learned Assistant Government Pleader for Prohibition and Excise states that subsequent to the impugned proceedings dated 20.02.2016 suspending the petitioner’s licence pending enquiry, a show-cause notice was issued to him on 04.04.2016 asking him to show cause as to why his licence should not be cancelled.
In the light of the afore-stated facts, the writ petition is disposed of directing the excise authorities concerned to complete the enquiry and take appropriate action in accordance with law expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.
Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
____________________ JUSTICE SANJAY KUMAR 12th April, 2016 IBL
2 issues framed by the court
Whether the court should allow the writ petition challenging the suspension of the liquor license pending enquiry.
Whether the excise authorities must be directed to complete the enquiry and decide within a specific timeframe.
Petitioner (Holder of TFT License No.70/2007)
Prohibition and Excise Superintendent, Mahabubnagar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
