Lalaiah Goud v. The State Of Telangana,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11910 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in issuing Proceedings in Rc.No.B3/195/2016 dt.20-02-2016 without following due process of law is illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents to restore the license of the petitioner bearing No.70/2007 which is valid upto 30-09-2017 of TFT License Shaikpally Village, Hanwada Mandal, Mahabubnagar District, Telangana State in the interest of justice." By the proceedings dated 20.02.2016, the Prohibition and Excise Superintendent, Mahabubnagar, suspended the petitioner's licence pending enquiry.

As the power of the authority to take such a measure pending enquiry is not questioned, this Court finds no reason to entertain this writ petition for adjudication on merits. It is for the petitioner to face the enquiry.

Learned Assistant Government Pleader for Prohibition and Excise states that subsequent to the impugned proceedings dated 20.02.2016 suspending the petitioner's licence pending enquiry, a show-cause notice was issued to him on 04.04.2016 asking him to show cause as to why his licence should not be cancelled. In the light of the afore-stated facts, the writ petition is disposed of directing the excise authorities concerned to complete the enquiry and take appropriate action in accordance with law expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 12th April, 2016 IBL