Dadi Surya Satish v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.37767 of 2018 ORDER:

An order passed by the Prohibition & Excise Superintendent, Anakapalli vide Rc.No.210/2017/A3, dated 22.09.2018 canceling A4 licence of the petitioner herein and ordering confiscation of the stock is under challenge in the present writ petition. It is submitted by the learned counsel that without any notice and opportunity of hearing, the impugned action has been resorted to and the same in violation of principles of natural justice and against the very spirit of the A.P. Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Act and Rules framed therein. A perusal of the impugned order reveals nothing with regard to affording an opportunity to petitioner herein before resorting to the orders of confiscation and cancellation of A-4 license which is in violation of principles of natural justice and is also contrary to Section 31 of the Act. Therefore, on this ground alone, the impugned order cannot be sustained.

For the aforesaid reasons, the writ petition is allowed setting aside the order dated 22.09.2018. However, it is open for the respondent to pass appropriate orders after giving notice to the petitioner and after giving opportunity of hearing for the petitioner. No order as to costs.

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :12.10.2018 dv