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High Court for State of TelanganaWP/20225/2015disposed of no costs

Ch. Prabhakar v. State Of Telangana, Rep By Its Principal Secretary,

2015-07-06A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI Writ Petition No.20225 0f 2015 ORDER:

This writ petition is filed for the following relief: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court in the interest of justice, be pleased to issue an order or direction more particularly one in the nature of writ of mandamus to declare the action of 3rd respondent in not restoring the License No.185 dated 27.09.2012 in view of the judgment of the Metropolitan Sessions Judge, Cyberabad at L.B.Nagar dated 28.08.2014 in S.C.No.32/2013 acquitting the petitioner as illegal, arbitrary and unconstitutional and consequentially direct the 3rd respondent to restore the License No.185 dated 27.09.2012 in view of the judgment rendered by the Metropolitan Sessions Judge, Cyberabad at L.B.Nagar dated 28.08.2014 in S.C.No.32/2013 acquitting the petitioner with all consequential benefits and to pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard learned counsel for the petitioner so also the learned Government Pleader for Excise for the respondents. The licence of the petitioner was cancelled by the Excise Superintendent, Rajendernagar, Ranga Reddy District, vide proceedings Cr.No.B/1668/2013 dated 27.08.2013. In the present writ petition, it is the case of the petitioner herein that the criminal prosecution launched against him vide S.C.No.32 of 2013 on the file of the Court of the Metropolitan Sessions Judge, Cyberabad, L.B.Nagar, ended in acquittal by virtue of judgment dated 28.08.2014.

At the Bar, it is submitted by the learned counsel for the petitioner that the petitioner herein may be permitted to make a representation, requesting the authorities for restoration of his licence in the light of the decided acquittal. Considering the said request, without expressing any opinion on the entitlement of the petitioner, the writ petition is disposed of keeping it open to him to submit the representation expressing his

grievance, if he is so advised, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made, the same be considered in accordance with law as expeditiously as possible. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE A.V. SESHA SAI.

06.07.2015 GJ