M/S.Tirumala Wines (A4 Shop Kd 67) v. The State Of A.P.

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.41834 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the Excise authorities initiating action against the petitioner's A4 licence bearing No.67/2017-19 of Rajampet Municipality, Kadapa District, on the basis of the crime No.419 of 2018, on the file of the Mannur Police Station, as illegal, arbitrary and contrary to the provisions of the A.P. Excise Act, 1968, (for short, 'the Act') and consequently to direct the Excise authorities not to take any coercive steps without affording any opportunity to the petitioner.

Learned Government Pleader for Prohibition and Excise appearing for respondents 1 to 5 would submit that as on today, the respondent authorities are not taking any steps or have initiated any proceedings against the petitioner. In view of the above, the writ petition is premature. However, learned counsel for the petitioner submits that there is every likelihood of the proceedings being initiated against the petitioner and as such, the present relief is sought for by the petitioner. As seen from the record, the case against the licencee (4) and nowkarnama (2) appears to be based on the confessional statement made by the accused (A-1), which lead to registration of a case in Crime No.419 of 2018, for the offences punishable under Section 420 of Indian Penal Code and Sections 34(a), 36, 37(a) of the Act.

But no steps have been taken by any of the respondent authorities insofar as the suspension of the licence of the petitioner or cancellation of the licence of the petitioner and till date, no action has been initiated for suspending or cancelling the licence of the petitioner. Learned counsel for the petitioner requests the respondent authorities to comply with the provisions of Section 31 of the Act, before taking any steps against the petitioner.

Taking into consideration the facts and circumstances of the case, the Writ Petition is disposed of holding that if any action is sought to be taken against the petitioner, the same shall only be in accordance with the provisions of the A.P. Excise Act, 1968; the rules made thereunder, keeping in view Section 31 of the Act.

No order as to costs.

As a sequel to disposal of the writ petition, W.P.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated: 28th November, 2018 Note: Issue C.C. on 03.12.2018.

(B/o.) KL

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.41834 OF 2018 Date: 28th November, 2018 KL