Allowed

Potu Bhaskar Rao v. The State of Telangana

Telangana HC8 Nov 2021WP/18454/2021

Case brief

AI extract

What is this about?

The Telangana High Court set aside an order cancelling a petitioner's liquor license. The court held the cancellation was illegal and arbitrary because the respondent authorities ignored the petitioner's detailed explanation and failed to apply reasoning. The court directed the authorities to unseal the shop and permit business continuation.

What did the court decide?

Impugned cancellation proceedings set aside; shop unsealed within two days; license permitted to continue until 30/11/2021; liberty granted to claim remission of license fee.

Potu Bhaskar Rao Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY ,THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI^{JUSTICE K,LAKSHMAN}

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WRIT PETI^{TION NO: 18 454 0F 2021}

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Between:

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Potu Bhaskar^{Rao, S/o Bhadraiah,Occ Business' R/o H No 3-56'Perupally} VillJg;, 5ilg"reni^{Mandal,Khammam District}

¶9

...PETITIONER

¶10

AND

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1 rhe^{state or reransana,Repi:i} T,"J'i"1ts1*::"J Y'JJf,:,ljHffi53,o"o Excise^{DePartment'Se}

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The^{Commissioner' Proh'andExciseDepartment'Hyderabad'}

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The^{Joint Commissioner'Prohibition and ExciseDepartment'Hyderabad'}

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The^{DeputyCommissioner'Prohibition and ExciseDepartment'Khammam'}

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The^{District Prohibitionand ExciseOfficer'Khammam District'}

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6 The Assistant^{Commissioner'Prohibitionand Excise (Enforcement)} DePartment,^Khammam'

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7 The Station^{HouseOfficer'Prohibition and ExciseStation' Singarent'}

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'' Khammam District

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...RES'ONDENTS

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t[: Petition^{u nder Article 226 of the- co"'''tlyl:k"f} ,lS'il'B'f '#'[^I ",.,,.[n""". ,i"i"o^,1;; il ffili.J]ill.{ ::g::::rmlr;;,y[ I ll: ::",fi:t"1"-::;:flJffj:;'l;i;";;'i""^{oltle 111} ,id"^{proceedinss n cr} uxmffi lls+l..1ffi uf:ttii*lfi Frl;{,fr i3to7t2o21^rnl-"i ih"_11r,:.1'''i;"'^-ri""n."- 9r .tl: :""^,1'"1:' o]f,"o, ,n" aut"a^{31to7t2oz1can9ii"l'riiun} i, .::p::1,,:rd Xli,,.*Ri.I,i;03'"f ,u'"'u " . No.KHM084/201.'g^21: L?;;;,,iin"., kr'"puuy, issued:I]l:^::'j",#,",?1ilir,, " p " ti ti oⁿ "', M / s^{Kan a k a d u} ;%^{;,, y i" i,y',,i} " illli;:^ri;l:il|" i.:t^{;l "llj5' Jo"oo,} rights^{und^er} the^{proceedinss-r-s9ue!-!Y the} :'fi'1,s:tJtffi:li"ll""tt"l''T;';;""it'l canceing

¶21

R:h:'"'j':lti:jtr:"*",U11Willi)ts'""'lo"?it,B,".!'li-itiiizozt

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tlt l'

¶23

¶24

the license of the petitioner vide Lic.No.KHM084r2o1g-21 , daled - 02r11r201g in respect of the A-4 shoo of the petitioner, M/s Kanakadurg, wr". K"r"p-Jriv, in the interest of justice.

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IA NO :lO F 2021

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Petition under sectioni5l cPC praying that in the circumstances stated in the affrdavit fited in supp6;t of the pet;tio;, iir.iigl, Court may be pleased to suspend the proceecinos'.in cr.No-.i# i"oh't)i' )no Ex/86, Dated ittottzozt issued by the responde.-nl lrto,1]oH;;;il;"ri,. cance,ation of his ticense ffiSl[X]:?,^r1]t;]]"J?J"t^{ozntlioid''in",.".p"t} or.his riquor shop na-mery, the interest of justice.^{' Karepally pending disposal} or tn" ullrJ'r,iri, ["iii". ,, IA NO: 20 F20 1

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in tn" lfrtltlo,Xt;[Ti"s::I: J51 .cpc^prayins th,3t I !" circumstances stated 1r-"* if^{nu.ponl""n, ''rpport of the petition.tle Highcourt maybe pleased} to ii,",,:, s to c t n i i e"i i'i"' 3 i o p o r l1?, : :: I J;. : # i5r :F!t':{^fr L'i^{t'[i "i] ::} and also not shift the Jusrrce, ldrng disposal of thu .boul"epalli e writ petition in the interest of

¶28

COUNSEI fOr thE PEtitiONEr;SRI. SHAIK MADAR REP, SRI. SHAIK LAIQ PASHA

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Counsel for the Respondents: cp FOR PROHIBITION & EXCISE The Court made the following:

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HON'BLE SRIJUSTICE^{K. LAKSHMAN .}

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WRIT PETITION No.18454 OF 2021 .

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ORDER:

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This Writ Petition is filed seeking^{to declare the action of the 5'h} respondent in issuing the show cause^{noticefor suspension of License} vide proceedings in Cr.No.l661202llP&ExlB6,^{dated07.06.202I' the} show cause notice lor cancellation^{of License vide proceedingsin} Cr.No.166i202l/P&E/B6, dated^{13.07.2021and the cancellation} proceedings in Cr.No. I 6612^{021 lP &Ex/B6,dated3 1.07.202I cancelling} the License vide Lic.No.KHM084/2019-2021,^{dated 02.11.2019of the} petitioner in respect of the shop^{No.A4 (for short 'thesubjectshop') of} the petitioner-ll4/s. Kanakadurga^{Wines,Karepally,issued by the 5th} respondent, as illegal and to^{set aside the same'}

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Heard Sri Shaik Madar,^{learned counsel, representing Mr'} Shaik Laiq Pasha,^{leamed counsel for the petitioner,and learned} Government Pleader^{for Prohibitionand Excise,appearing for} respondents and^{perusedthe record.}

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] FACTS OF THE^CASE

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i) The petitioner is^{the License holderof the Shop-A'4 with} G.Sl.No.84 under the^{name and styleof M/s Kanaka Durga Winesin}

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Karepally Village of Singareni^{Mandal, KhammamDistrict'}

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ii) It is the Shop No.2^{in the saidvillage.}

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iii) The said License^{is for a periodof twoyears witheffect lrom}

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01-1 1-2019 to 31-10-2021.

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iv) The License fee^{was fixedat Rs.1} ,10,00,000/-.

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-.:.-.-k_

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LL 't tl. P.,\o. I 3151 c'l )0) I

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v) The petitioner is^{authorized to sell Indian MadeForeign} Liquor (IMFL) as^{well as Foreign Liquor at his shop and has been} conducting his business^{strictly as per the conditions ofthe License'}

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vi) There are two more^{shops in the same village namelyIWs} New Kanakadurga^{WinesandlWs Bhavani Winesand alsobeltshops'}

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vii) The 5'r' respondent^{suspended the petitioner'sLicense on the} ground that he was selling^{the liquor in excess of the MaximumRetail} Price^(MRP).

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viii) l'he petitioner filed a Writ^{Petition vide W.P.No 22872ol} 2020 before this Court^{challenging the proceedings of suspensionol} his License issued by the^{5th respondent in Cr.No.582l2020lP&ExlB6'} l, dated 28.11.2020 and^{this Court dismissedthe same videcommon} order, dated 21J2.2020^passed in^{W.P No.22872 of2020,} W.P.No.22865 of 2020 and W.P.No.22970^{of 2020 holding that the} cause of action did not survive in^{the said writ petitions, on considering} the proceedings dated 15.12.2020^{withdrawing orders of suspensionof} the License, dated 28.11.2020.

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ix) Thereafter, the 5th respondent^{hasdemandedthe petitionerto} pay an amount oiRs.2,50,000! towards^{the compoundfee.}

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x) Therefbre, the^{petitionerhas filed a writ Petition vide} W.P.No.24372 of^{2020. This Court vide order dated 04 01 2021'} granted interim suspension^{in the said writ petition'}

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xi) Thereafier. the 5'h^{respondent vide proceedingsdated} 15.04.2021 suspended the^{Licenseofthepetitioner on the groundthat}

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KL,J It/.P.No.184 54 of202l

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the petitioner sold liquor^{bottles in bulk to one ShobanBabu of} Perupalli Village, in violation^{of Election Code.}

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xii) The petitioner herein^{has filed writ petition vide W.P} No.10465 of 2021 challenging the said^{proceedingsdated 15.04.2021} issued by the 5th respondent.

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xiii) This Court vide order dated^{28.04.2021granted interim} suspension ofthe said proceedings dated 15.04.2021.

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xiv) The 5'h respondent violated the said order^{and therefore,the} petitioner herein has filed a Contempt Case.

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xv) Thereafter, the 5th respondent had issued^{showcause notice,} dated 07-06-2021 to the petitioner for^{suspension of his License,} requesting the petitioner to submit^{his explanationwithin 7 dayson the} ground that the petitioner herein broke open^locks ofthe^{subject Shop} and sold liquor unauthorizedly^{whichis the subjectmatter of the case} in COR No.4 1 12021 of Excise^{Station, Singareni.}

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xvi) The petitioner submitted^{his explanation in part on} 14.06.2021 and requested the^{5th respondentto furnish the copies of} panchanama and statements etc., if^{any, in COR No.41 of 2021 for} furnishing further explanation to the said^{showcause notice. But} without considering his request, the 5'h respondent hastily^{issued a} show cause notice for cancellation of his License vide^{proceedingsin} Cr.No. 166/ 2021/P&Ex/86, dated 06.07.2021 calling for his explanation within l5 days.

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KL,J ll.P.No.l8454 of202l

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xvii) The petitioner has also filed another writ petition vide W.p. No.14702 of 2021 challenging the show cause notice issued by the 5th respondent for cancellation of his License.

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xviii) This Court in I.A.No.l of 2021 in W.P.No.l4702 of 2021 directed the 5'h respondent to fumish the copies as requested by the petitioner by 07-07-2021 and also granted liberty to the petitioner to submit his explanation.

¶65

xixl Thereafter, in compliance of the said orders, the petitioner. srrbrnitted his l'urther explanation dated 22.07 .2021.

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xx) According to the petitioner, the 5th respondent, without considering the said explanation dated, 22.07 .2021, issued the impugned proceedings, dated3l.07.202l cancelling the License of the petitioner.

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xxi) Therefore, challenging the said impugned proceedings, dated 3 1 .07.2021 , the petitioner filed the present writ petition.

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4 CON'I'ENTIONS OF THE RE SPONDENT No.5

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i) Earlier a case was registered in COR No.103 of 2020 under Rule 42 of T.S. Excise (Lease of Right of Selling by Shop and Conditions o1' License) Rules 20 12(lbr shon, 'the Rules') read rvith Section 3l(1) (b) of the Telangana Excise Act, 1968 ( fbr shor1.'the Act') against the petitioner on the allegation of the petitioner selling the liquor bottles for excess of Rs.10i- than the Maximum Retail Price (MRP) in N4/s. Kanaka Durga Wines and therefore the License was also suspended c,n 28. I 1.2020.

.'-...--.4_..--

KL.J

W. P.No.18454 af 2021

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ii) The petitioner and others approached this Court by way of filing the above said three writ petitions.

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iii) On 19.02.2 O2l, ateamof the District Task Force, Khammam rushed to the house of one Azmeera Shoban Babu, s/o Manju, R/o.Cheemalapadu Village, Singareni Mandal and searched the house and seized the liquor bottles.

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iv) On interrogation, the said Azmeera Shoban Babu confessed that he has purchased the said wines from M/s. Kanaka Durga Wines of the petitioner herein.

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v) The raid party collected samples and handed over the case papers along with the seized property to the Station House Officer, Prohibition and Excise Station, Singareni.

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vi) On receipt of the same, the Station House Officer, registered a case in COR No.1712021, 19.02.2021 under Sections 31^{(1) (b),} 34 (a), 36 (l) (c) and 41 ofthe Act, against the petitioner herein.

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vii) The petitioner has violated the Model Code of Conduct during the MLC Elections of Graduate Constituency in Nalgonda, Warangal and Khammam Districts by conducting bulk sales and License Condition No. I in Form A-4.

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viii) Vide proceedings, dated 15.04.2021, the 5'h respondent has suspended the License of the petitioner on the ground that he broke open the lock and sold the liquor in violation of Election Code.

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ix) The 5'h respondent has furnished copies of panchanama and statements in COR No.4 I /202 I in corrpliance of tl.re orders passed by

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KL,J W.P.No.1845a of202l

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this Court and thereafter, a show cause notice for suspension of License dated 07.06.2021 was served on the petitioner, who in tum, subrnitted his explanation dated 14.07.2021.

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x) Ther'eafter, a show cause notice dated 06.07.2021 lor cancellation of the petitioner's License was served on the petitioner. The petitioner herein had filed writ petition vide W.P.No. 14702 of 2021 and this Court directed the 5th respondent to furnish copies in COR No.4l of 2021.

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xi) In compliance of the said orders, the 5th respondent has fumished copies of the same and 10 days time was extended to submit explanation by the petitioner herein.

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xii) The petitioner herein has submitted explanation on 22.07.2021 with the same contents.

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xiii) The 5th respondent issued a show cause notice for cancellation on 24.06.2021 but the petitioner failed to produce the relevant documents.

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xiv) After examination of the records and material available on record, the 5th rr-spondent passed the impugned order on 31.07.2021 .

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xv) 1'he petitioner, though having an altemative renredy to file an appeal before the appellate authority under the Act, he failed to avail the same. Flowever the 5th respondent gave him an opportunity.

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xvi) There is no violation of principles of natural^justice or any right as alleged by the petitioner.

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KL,,I W.P.No.18a51 of 2021

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xvii) With the said submissions, the 5th respondent sought to dismiss the pl'esent writ petition.

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CONSIDERATION OF THE COURT

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The above stated facts would reveal that it is not in dispute that the petitioner herein is License holder of Shop No.A.4 under the name and style of IvOs Kanaka Durga Wines in Karepally Village. The License period was for a period of two years with effect from 0l-112019 to 31-10-2021. The License fee was fixed at Rs.1,10,00,000/-. The 5th respondent has issued show cause notice of suspension of License to the petitioner herein on the allegation that the petitioner herein sold liquor bottles in bulk to one Azmeera Shoban Babu in violation of Election Code. The petitioner herein has filed a writ petition vide W.P.No. 10461 of 2021 challenging the said proceedings and this Court has granted interim suspension of the said proceedings vide order dated 28.04.2021 on the ground that the suspension cannot be for unlimited period. The said writ petition is pending and the said interim orders are subsisting. The petitioner herein has also filed a contempt case complaining the violation of the said orders.

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While so, 5s respondent had issued a show cause notice for suspension of License of the petitioner dated 07.06.2021 on the very same ground and also on the ground that a case in COR No.41 of 2021 was registered on the same allegations. The 5'h respondent has directed the petitioner to subrnit explanation within 7 days. The petitioner herein had requested the 5'h respondent to furnish copies panchanarna

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KL,J llt.P.No.l8451 of202l

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and statements etc., if any, in the said COR No.41 of 2021 of Excise Police Station, Singareni, to enable him to subrnit explanation effectively but without considering the said request, the 5'h respondent had isstred shorl' cause notice for cancellation o1' [-icense dated 06.07.2021. In rhe said show cause notice, the 5'r' resporrdcnt ltas requested the petitioner to submit explanation within l5 days. The petitioner herein had filed a writ petition vide W.P.No.l 4702 of 2021 challenging the said notice for cancellation. This Court vide order dated 05.07.202i in W.P.No.14702 of 2021 directed the 5th respondent to fumish copies of panchanama and statements in COR No.41 of 2021 and other related material to the petitioner, who in tum, shall submit reply to the said show cause notice, dated 24.06.2021.In compliance of the said order, dated 05.07.2021, the 5th respondent has furnished the said copies to the petitioner with a requesr to submir his explanation within ten days. Thus, the petitioner herein had subrnitted explanation dated 22.07 .2021. Thereafter, according ro rhe petirioner, the 5'h respondent without considering the said explanation vide impugned proceedings dated 31.07.2021 cancelled the License granted in his favour.

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The allegation against the petitioner herein is that on 19.02.2021, the District Task Force, Khammam Team has rushed^to the house ofAzmeeri Shoban Babu and searched his house and seized the following material:-

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KL,J Ll/.P.No.18454 of2021

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SI.No.	SeizedProperty(lML/Beer)	HEAL&BatchNo.	Quantity
	VSOPBrandv HEAL&Batch No.78.(t80mt) bottles OldAdmiral	HEAL&Batch No.78, Dr.i1.01.2021	(91)Nips
	Good DayPrestigeWhisky (I80ml)botlles	No.282. Batch dt:05.02.2021	(48) Nips
J	StrongPremium bottles Kingfisher Beer(650m1) I		122)^13ccrs

¶106

on interrogation, the said Shoban Babu had confessed that he had purchased the said liquor from IWs. Kanaka Durga Wines of the petitioner herein. Thus, according to the 5th respondent, the petitioner herein sold the said liquor in violation of the Model code of conduct during MLC Elections to Graduate Constituency in Nalgonda, Warangal and Khammam Districts and License Condition No.l in Form A-4 by conducting bulk sales. Thereafter, according to the 5rh respondent, he has issued the impugned proceedings dated 3 l.O7.2O2l cancelling the License of the petitioner by following the due procedure Iaid down under law.

¶107

As stated above, vide proceedings dated 15.04.202 l, the 5,h respondent had suspended the License of the petitioner herein. This Court vide order dated 28.04.2021 in I.A.No.2 of 2021 in W.P.No. 10465 of 2021 suspended the said proceedings dated 15.04.2021 on the ground that the suspension cannot be for unlimited period. The said writ petition is pending and the said interim order is subsisting. During the subsistence of the said order, the 5th respondent had issued show cause notice, dated 07.06.2021 for suspension of License of the petitioner herein on the very same allegation of the sale

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LL.J ll /' :o.1,\1-sl ,l )l)) l

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olliqLror violating Model Code of Conduct and direcred the petitioner to submit explanation within 7 days. In the said shorv cause notice, the 5'h respondent has also mentioned registration of a case in COR No.41 of 2021 for the aforesaid offences against the petitioner herein.

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Since the 5m respondent has not furnished copies of panchanama and statements etc., in the said COR No.4l of 2021, the petitioner herein has requested the 5th respondent to fumish copies of the same. The said request was not considered by the 5th respondent and the said act forced the petitioner herein to file a writ petition vide W.P.No. 14702 of 2021 . This Court vide order dated 05.07.2021 directed the 5th respondent to furnish copies of the same by O7.O7.2OZl and liberty was also granted to the petitioner to subrrit his explanation on receipt o1' the said copies. Accordingly, the 5,r, respondent has lirrnished copies of rhe same vide his letter dated 07 .07.2021 and granted ten davs time to the petitioner to sr.rbrr-rit explanation. 1'hereafter, tl-re 5'h respondent had issued show cause notice for cancellation dated 13.07.2021 served on the petitioner on the very same allegations with a request to submit explanation within ten days from the date of receipt of the same. Thereafter, the petitioner herein has submitted explanation dated 22.07.2021. A perusal of the said explanation consisting of 5 pages would reveal that the same is a detailed explanation of the facts.

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It is relevant to note that in the said explanation, the petitioner herein specifically mentioned that the said Azmeeri Shoban

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KL,J l/.P.No.18454 of202l

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Babu is owner of the belt shop and he is having professional rivalry with the petitioner herein. It is further stated that as per the panchanama, the locks of the subject shop were broke open and liquor bottles were sold unauthorizedly on 17.04.2021 and on the next day, the Station House Officer, Excise Station along with staff, came to his shop conducted panchanarna in the presence of the panch witnesses and his employees, is false and baseless. The said allegation is created and concocted by the 5th respondent. Thereafter, the 5'h respondent has directed the petitioner to pay an amount of Rs.2,50,000/- towards compounding fee. The petitioner herein has filed a writ petition vide W.P.No.24372 of 2020 and this Court vide order dated 04.01.2021 granted interim suspension to the extent of imposing compounding fee. The said order is subsisting. The said writ petition is pending.

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I L The petitioner herein also specifically mentioned in^the said explanation dated 22.07.2021 that the Station House Officer,^Excise Station, Singareni had registered the said COR^No.3 I^{of 202 I with} ante-date and ante-time, after preparing^{panchanamaand statementsin} the Excise Station which is contrary to^{the Rules due to personal} grudge and vengeance of the petitioner herein.

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In view of the COVID-l9, Lockdown^{was imposedin the} entire State in the year 2020 duing which period the^petitioner sustained heavy loss in the liquor business like other Licensees. Thus, by mentioning entire facts, the petitioner herein requested the^5'h respondent to withdraw the said show cause notice, date^13.07.2021

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KL,J Il P.No.18451 of202l

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fbr cancellation of the License of the petitioner. Though the petitioner submitted detailed explanation consisting of 5 pages, the 5'r' respondent r.vjthout considering the same, vide irnpugned ordcr dated 31.07.2021 cancelled the License of the petitioner stating that on exanrination, the explanation of the Licensees is not satisfactory and incomplete. The allegations on department are baseless and false and misguiding the Court and therefore, not considered the explanation of the Licensee and thereby rejected. The 5ft respondent has not considered the said explanation at all. Thus, the impugned order is not a reasoned order and there is no consideration of the explanation submitted by the petitioner herein. There is no consideration of the above said orders granted by this Court suspending the pr.oceedings dated 15.04.202 I issrred by the 5'h respondent suspending the License of the petitioner with unlimited period and also compound fee of Rs.2.50,000/_. According to this Court, the said irnpugned cancellation proceedings, dated 31.07.202 1 are without reasons and without consider.ation of the detailed explanation submitted by the petitioner herein. The allegations leveled against the petitioner herein are one and the same. It is relevant to note that it is the specific case of the petitioner that the said Azmeeri Shoban Babu is owner ofthe belt shop and he is having professional rivalry with the petitioner herein. But the said fact was not even considered by the 5th respondent.

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It is also relevant to note that the validity of the License was for a period of trvo years with effect from 01-11-2019 to 3l_10-202L

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KL,J lY.P.No.l8454 ol2021

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The petitioner herein has paid the entire License fee of Rs.1,10,00,000/-. According to the petitioner, the said period was extended by one month i.e. upto 30.1l.2l2l. Due to the COVID_l9 situation and also restrictions of Lockdown imposed by both the Central and State Governments and also due to seizure of the Shop, the petitioner has sustained heavy loss. Therefore, the petitioner herein has filed the above said writ petition. Thus, the 5rh respondent drove the petitioner to file series of writ petitions by his above said acts.

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i4. Learned counsel for the petitioner, referring to the principle laid down by this Couft in R.Venkaeswarulu Vs. State of Andhra Pradesh, Excise-Il Revenue Departmentr and also N.Malla Reddy Vs. State of A.p.2, would submit that the 5th respondent herein has not given 15 days time to the petitioner herein to submit explanation. Whereas, the leamed Govt.pleader for prohibition & Excise, referring to the principle laid down by this Court in K.Bhaya Reddy Vs. Prohibition and Excise Superintendent, Kadapa3 and also Full Bench decision of the then High Courl of Andhra pradesh in Tappers Co-operative Society, Maddur Vs. Superintendent of Excisc, Mahabubnagara would submit rhat there is no need of granting l5 days time. However as stated above, the 5,h respondent has given l5 days time' Therefore, the said contention of the petitioner herein is not sustainable

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,, 2O2O 3 ALT 53 AP

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' 2013 5 ALT 713

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'zoos@y*tozst ' 19842 APLJ I

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K L,J ll.P No.l'\154 ol 202l

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Leamed Govt.^{Pleaderfor Prohibition and Excise'would} further submit that the^{petitioneris having alternative l'elnedvof filing} an appeal under Section^{460 of the T.S.ExciseAct,l968.whereas'the} petitioner herein instead^{of availing that remedy,fitedthe present writ} petition. He would also submit^{that there are no exceptions to bypass} the said altemative^{remedy of hlingan appeal,to enteltain the present} writ petition. In support^{of the abovesubmission, he has also placed} reliance on the decision^{of the Apex Courtin WhirlpoolCorporation} Vs. Registrar of Tradc Marks,^{Mumbaisand the Assistant} Commissioner of State^{Tax Vs. M/s Commercial Stecl Limited6'}

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As stated above, there^{is no considerationof the explanation} submitted by the^{petitionerherein, by the 5'h respondent,in passing the} impugned cancellation^{proceedings,dated31.07.201I . AIrvorder} u'ithor-rt reason is an order without application^{ol rnirrd. 'l'hereibre,} according to this Court, the^principle laid^{down in the above said two} decision relied on by the 5th respondent^{is not applicableto the facts of} the present case. Therefore, the^present writ^{petition is not} maintainable.

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Thus viewed from any angle,^{the action of the 5th respondent} in canceling the License of^{the petitionervideimpugnedproceedings} dated 31.07.2021 is illegal,^{arbitrary arrd without reasons. Therefbre.} the said impugned^{proceedings, dated 31.07.2021 are liable to be set}

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aside.

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'^{9q8) 8 sct} ' Cir il Appeal \o.5ll ol l0ll arisingoutofSLP(C)No.13639of2021 ,l t) () llSji oi:ul(

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KL,J Lv.P.No.l8454 o/2021

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In the result, the writ petition is allowed as follows:_

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i) The impugned cancellation proceedings in Cr.Noj66D02t lp&Ex/P,6, dated 31.07.2021 cancelling the License of the petitioner vide Lic.No.KHM0g4/2019-2r, dated 02.11.2019 in respecr of the Shop No.A4 ol the petitioner_M/s Kanakadurga Wines, Karepally, issued by the 5th respondent are hereby set aside.

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ii) The respondent Nos.5 to 7 are directed to unseal the shop of the Petitioner within two days from the date of receipt of a copy ofthis order.

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iii) The respondent Nos.2 to 7 are directed to permit the Petitioner to continue his business upto 30.1 l.2O2l .

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iv) However, liberty is granted to the petitioner to claim remission of License fee for closure of the Shop due to COVID_ 19, restrictions ofLockdown and other reasons.

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v) There is no order as to costs.

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