M/S Shiva Wines v. The State Of Telangana, Rep. By Its Principal Secretary,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 7105 of 2015 Between:- M/s Shiva Wines D. No. 4-107/2, Yadagirigutta, (V&M) Nalgonda, Nalgonda District, Gaz. Sl. No. 138, License bearing No. 119/2014-15/E3, dt. 10-072014, Rep by its licencee, Are Venkatesh Goud S/o Bikshapathi, Occ : Business, R/o H. No. 2-58, New Gundlapally village, Yadagirigutta Mandal, Nalgonda District.

..... Petitioner AND 1.The State of Telangana, Rep. by its Principal Secretary, Revenue ExciseII, Secretariat, Hyderabad.

2.The Commissioner of Proh. & Excise, Telangana State, J.N. Road at Excise Bhavan, Hyderabad.

3.The Deputy Commissioner of Proh & Excise Nalgonda, Nalgonda District.

4.The Superintendent of Proh & Excise At Nalgonda, Nalgonda District. 5.The Inspector Proh & Excise (S.H.0) Alair Circle, Nalgonda District. .....Respondents.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of Certiorari call for the records from the respondents 3 and 4 pertaining to M/s Shiva Wines, D. No. 4-107/2, Yadagirigutta, (V&M) Nalgonda District, Gaz. 51. No. 138, License bearing No. 119/2014-15/E3, dt. 10-07-2014, Cr. No. 461/2014/C, dated 02-03-2015 and quash the same consequently direct the respondents 2 to 5 to allow the petitioner to carry on his business till expiry of the license i.e., 30-06-2015.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI BOLLEPALLI SAI RAM GOUD, Advocate for the Petitioner and the G.P. for Prohibition & Excise(TG) on behalf of respondents, the Court made the following ORDER :- "Learned counsel for the petitioner submits that his appeal before the Deputy Commissioner was rejected on 18.03.2015 and that petitioner has already filed appeal before the Commissioner of Prohibition and Excise along with the stay petition on 19.03.2015. Learned Government Pleader, who takes notice for respondents, states that the appeal shall be heard and disposed of by 30.03.2015. In view of that, if any auction is conducted as per the impugned order, the same shall not be finalized till 30.03.2015. List on 31.03.2015."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR Contd..2...

- 2 - To 1.The Principal Secretary, Revenue Excise-II, State of Telangana, Secretariat, Hyderabad.

2.The Commissioner of Proh. & Excise, Telangana State, J.N. Road at Excise Bhavan, Hyderabad.

3.The Deputy Commissioner of Proh & Excise Nalgonda, Nalgonda District.

4.The Superintendent of Proh & Excise At Nalgonda, Nalgonda District. 5.The Inspector Proh & Excise (S.H.0) Alair Circle, Nalgonda District. 6.Two CCs to the G.P. for Proh. & Excise(TG), High Court at Hyd(OUT) 7.One CC to Sri B. Sai Ram Goud, Advocate(OPUC) 8.One spare copy.

TKK

HIGH COURT VVA.J DT.23-03-2015.

ORDER

W.P.No. 7105 of 2015.

INTERIM DIRECTION DRAFTED BY TKK DT.26-03-2015.

HIGH COURT VVA.J

DT.23-03-2015.

Note :- Post on 31.03.2015.

ORDER

W.P.No. 7105 of 2015.

INTERIM DIRECTION