V.Sombabu, v. State Of Andhra Pradesh,
THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.27686 of 2018 ORDER:
Heard learned Counsel for the petitioner and the learned Government Pleader for the respondents.
An Order of suspension of A4-Shop Licence of the petitioner herein passed by the Prohibition and Excise Superintendent-R.4 vide proceedings Rc.No.PESKKD-IML0A4Sh/71/2017-JA-A2(P&E)- KKD-EG, dated 01.08.2018, is under challenge in the present Writ Petition.
According to the learned Counsel for the petitioner, in the facts and circumstances of the case, the Order of suspension is not warranted and the impugned action is highly illegal, arbitrary and opposed to the very spirit and object of the provisions of the A.P.Excise Act, 1968.
On the other hand, it is submitted by the learned Government Pleader that the allegations made against the petitioner herein are very grave in nature and the same are subject matter of the enquiry, which is initiated by the respondent No.4, and that the enquiry will be completed within a short period and as against the Order of suspension, Section 63 of the A.P.Excise Act, 1968, provides for appeal before the Deputy Commissioner of Prohibition and Excise.
Since the enquiry is pending before the respondent No.4 and having regard to the submissions of the learned Government Pleader, this Court, in the facts and circumstances of the case, deems it appropriate to dispose of the Writ Petition, with a direction to the Prohibition and Excise Superintendent/respondent
No.4 to complete the enquiry pursuant to the impugned proceedings, dated 01.08.2018, and to pass final Order, after giving opportunity to the petitioner herein, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this Order.
Miscellaneous Petitions pending consideration, if any, in this Writ Petition, shall stand closed. There shall be no order as to costs.
_________________________ JUSTICE A.V.SESHA SAI Date:20.08.2018 Note:- Issue Order copy by tomorrow (B/o.smr)