N Durga Bhavani, v. State Of Ap

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.12188 OF 2018 ORDER:

When the matter is taken up, a preliminary objection as to the maintainability of the Writ Petition is taken by the learned Government Pleader for Excise by contending that the fifth respondent-Excise Superintendent granted A-4 license as long back as on 01.07.2017 as per the Rules and if the petitioner herein is aggrieved by the said order, she can avail the alternative remedy of appeal as per Section 63 of the A.P. Excise Act, 1968 ("the Act" for brevity).

Section 63 of the Act deals with appeals and reads as under.

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

In view of the said alternative remedy, this Court is not inclined to entertain the Writ Petition. However, it is open for the petitioner herein to avail the said alternative remedy before the fourth respondent against the orders issued in favour of the unofficial respondents.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

____________________ (A.V.SESHA SAI, J) 7th June 2018 RRB