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High Court for State of TelanganaWP/13705/2016disposed of no costs

S.Geevan Goud v. He State Of Telangana Rep., By The Commissioner,

2016-04-22Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13705 OF 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 issued proceeding Rc.No.B2/246/2016 DATED 14-03-2016 SHOW CAUSE NOTICE FOR CANCELATION OF LICENCE bearing No.05/2010 dated 15-12-2012 valid upto 30-09-2017 of the petitioner shop at BADEPALLY village Jadcharla mandal is illegal, arbitrary predetermined and unjust and contrary to the provisions of the Andhra Pradesh Excise Act 1968 and violation of the article 19 (G) of Constitution of India and consequently set aside the same and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

As a challenge is laid to the show-cause notice dated 14.03.2016 on merits and no jurisdictional aspect or any other ground has been raised warranting interference by this Court at this stage in exercise of its extraordinary jurisdiction, no cause is made out to entertain this writ petition.

However, as the livelihood of the petitioner is at stake, it is not open to the excise authorities to procrastinate the proceedings to his detriment.

The writ petition is accordingly disposed of directing the excise authorities to complete the enquiry pursuant to the impugned showcause notice dated 14.03.2016 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 22nd April, 2016

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