T. Mallaiah, Hyd. v. Prl. Secy., Proh. And Excise Dept. And 4 ORS.

THE HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No. 601 OF 2015 ORDER:

This Writ Petition is filed to declare the action of respondent No. 4 in issuing show-cause notice vide proceedings dated 09-12-2014 as illegal and arbitrary.

2.

The case of the petitioner is that he was granted provisional TCS licence for retail sale of toddy for the period from 10-10-2014 to 31-12-2014 and that upon the complaint of some disgruntled elements, the impugned show-cause notice is issued for withdrawal of the license.

3.

This Court by order dated 21-01-2015 suspended the impugned notice with regard to shifting of Toddy shop of the petitioner to any other suitable location and also directed respondent No. 4 to consider the explanation submitted by the petitioner and take appropriate decision in accordance with law. 4.

Today when the matter came up for hearing, learned Government Pleader for Prohibition and Excise passed on written instructions, according to which the petitioner submitted his explanation to the show-cause notice and the Prohibition and Excise Superintendent, Hyderabad-respondent No. 4 passed orders on 02-01-2015 rejecting the explanation of the petitioner and the same was served on the petitioner on 05-02-2015. Learned Government Pleader further submits that the license period has expired.

5.

In view of the fact that the period of license already expired and as the explanation of the petitioner has already been rejected by proceedings dated 02-01-2015 of respondent No. 4, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

____________________________ KONGARA VIJAYA LAKSHMI, J.

27-11-2018 JSK