The High Courts disposed of a writ petition challenging a license cancellation that was actually a suspension pending enquiry. The Court directed the authorities to complete the enquiry within four weeks to protect the petitioner's livelihood.
Directed the excise authorities to complete the enquiry within four weeks from receipt of the order.
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.13387 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 5th respondent in issuing orders vide RC.NO.A4/238/2016 in cancelling the licenses bearing No.19, Mustigeri Kollapur Village and Mandal, Mahabubnagar District, Telangana State and the license is valid upto 30-09-2017 in respect of the toddy shop situated at Mustigeri Kollapur Village and Mandal, Mahabubnagar District, Telangana State as the same is without following due process of law as arbitrary and illegal in the interest of justice.”
Though the petitioner seems to be under the impression that by the impugned proceedings dated 16.04.2016 the excise authorities cancelled his licence, perusal of the impugned proceedings reflects that the excise authorities only effected suspension of the petitioner’s licence pending enquiry. In that view of the matter, this Court sees no reason to interfere at this stage as it is for the petitioner to face the enquiry.
However, it is not open to the excise authorities to keep a matter of this nature pending indefinitely as the livelihood of the petitioner is at stake.
The writ petition is accordingly disposed of directing the excise authorities to complete the enquiry against the petitioner in relation to the alleged irregularities committed by him detected during the inspection carried out on 16.04.2016 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
21st April, 2016 GJ/PGS
2 issues framed by the court
Whether to interfere with the suspension of the petitioner's license pending enforcement proceedings.
Whether the excise authorities are directed to complete the enquiry expeditiously rather than indefinitely.
PETITIONER
EXCISE AUTHORITIES
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
