Surya Rajasekhar Goud v. The State Of Telangana, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEEN PRESENT WRIT PETITION NO. 29893 OF 2015 Between:

Surya Rajasekhar Goud ... Petitioner Vs.

The State of Telamgana Rep. by its Prl Secretary, Prohibition & Excise Department Telangana Secretariat, Hyderabad & Ors. ... Respondents Counsel for the Petitioner: Sri LVS Nagaraju Counsel for the Respondents: GP for Prohibition & Excise [TG] The Court made the following: [order follows]

WRIT PETITION NO. 29893 OF 2015 O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief: "To declare the action of respondents in cancelling the TFT License No.39 of Thurkadinne village, Kodair Mandal, Mahbubnagar district of the petitioner by order in RC.No.A4/347/2015 dated 08/07/2015 as illegal, arbitrary, violative of Article 14 of the Constitution of India and also contrary to the provisions of the A.P. Excise Act and Rules made thereunder and consequently to set aside the order in RC.No.A4/347/2015 dated 08/07/2015 and restore the TFT license of the petitioner and to pass such other suitable orders as this court may deems fit and proper in the circumstances of the case."

2. When the matter is called today, a preliminary objection is raised by the learned Government Pleader, while referring to the provisions of Section 63 of the A.P. Excise Act, 1968. The said provision of law reads as under:

Section 63 Appeals :- [1] Any person aggrieved by an order passed by any officer, other than the Commissioner or Collector, under this Act, may, within forty five days from the date of communication of such order, appeal to the Deputy Commissioner.

[2] Any person aggrieved by an order passed by the Deputy Commissioner or Collector under this

Act, may within sixty days from the date of communication of such order, appeal to the Commissioner.

3. It is very much evident from the above provision of law that any person aggrieved by an order passed by any Officer other than the Commissioner or Collector is entitled to file an appeal before the Deputy Commissioner of Prohibition and Excise.

4. In the instant case, without exhausting the said efficacious and alternative remedy, the petitioner has approached this Court by invoking the jurisdiction under Article 226 of the Constitution of India. This court is not inclined to entertain the present writ petition in view of the said alternative remedy available to the petitioner.

5. For the aforesaid reason, the writ petition is disposed of, permitting the petitioner herein to avail alternative remedy by way of preferring an appeal against the impugned order dated 08/07/2015, within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed withiin the said period, appropriate orders be passed by the Deputy Commissioner of Prohibition and Excise within four weeks thereafter. No order as to costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ _____________________ JUSTICE A.V.SESHA SAI 15/09/2015 I s L

WRIT PETITION NO. 29893 OF 2015 Date:15/09/2015 Circulation No.

Court Master: I s L