N. Mandan Kumar Reddy v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.29016 of 2017 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise.

When the matter is taken up, it is submitted by the learned Government Pleader that the issue in the present Writ Petition is squarely covered by a common order, dated 25.07.2017, passed by this Court in W.P.Nos.24498 of 2017 & batch. A copy of the said order is placed on record.

Followed by seizure of the stock and investigation of Cr.No.39/2017 dated 21.08.2017 on the file of the Station House Officer, Prohibition & Excise Station, Proddutur under Section 34 (a) of the A.P.Excise Act, 1968, and on the basis of the statement given by the person in possession of the said stock, the third respondent-Prohibition & Excise Superintendent, Proddutur issued the present impugned show cause notice bearing Rc.No.A/272/2017 dated 22.08.2017, calling upon the petitioner to show cause as to why appropriate action should not be taken for the alleged contravention of the A.P.Excise Act, 1968 and A.P.Excise (Grant of Licence of selling by shop and conditions of licence) Rules, 2012.

The above referred Writ Petition Nos.24498 of 2017 & batch, filed in somewhat similar situation, were disposed of by this Court.

Following the said order, and for the reasons stated therein, this Writ Petition is also disposed of, leaving it open for the petitioner to submit explanation to the impugned show cause notice within a period of two weeks from today and, thereafter, it is open for the respondents to take further action and pass final orders after affording opportunity of hearing to the petitioner herein and till passing of the final orders, the impugned order shall stand suspended.

Office to enclose a copy of the common order dated 25.07.2017 in W.P.Nos.24498 of 2017 & batch to this order. Consequently, Miscellaneous Petitions, if any pending in this Writ Petition shall stand disposed of. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J 29th August, 2017 Note:

Furnish C.C. of the order within three days.

B/o Tsy