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High Court for State of TelanganaWP/23305/2018disposed of no costs

Yeruva Srinivasa Reddy, v. Prl.Secy., Excise Dept., State Of A.P.,

2018-07-23A V Sesha Sai2 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.23305 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise (A.P.). The order of suspension of A4 shop licence of the petitioner, passed by the Prohibition & Excise Superintendent, Narasaraopet, Guntur District-third respondent herein, vide Rc.No.103/2018/A4, dated 18.06.2018, is under challenge in the present Writ Petition. Broadly there are two contentions raised by the learned counsel for the petitioner, namely:

1. Since the order of suspension does not indicate the period, such order cannot be sustained.

2. The Analyst Report received from the Government, dated 27.06.2018, also does not indicate any sort of adulteration.

On the other hand, it is submitted by the learned Government Pleader, on instructions, that enquiry is pending before the Prohibition & Excise Superintendent-third respondent herein and the same will be finalized within a period of two weeks.

Admittedly, in the present case, the third respondent herein passed the impugned order as long back as on 18.06.2018 and five weeks have already elapsed from the date

of passing such an order. Taking into consideration the submissions of the learned counsel for the petitioner and that of the learned Government Pleader, this Court deems it appropriate to dispose of the Writ Petition, with a direction to the Prohibition & Excise Superintendent, Narasaraopet-third respondent herein to complete the enquiry within a period of two weeks from today and pass final orders and, in the event of failure to adhere to the said time limit, petitioner herein shall be permitted to carry on the business.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________ A.V. SESHA SAI, J 23rd July, 2018.

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