D.Sunil v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 43552 of 2018 ORDER:

1) Heard.

2) The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the inaction of the third respondent in taking steps to pass orders pursuant to the show cause notice issued in Rc.No.159/2017/B1, dated 20.11.2018, even though the application for compounding of offence is filed, as arbitrary and illegal.

3) The grievance of the petitioner appears to be that pursuant to the show cause notice dated 20.11.2018, an application seeking compounding of the offence was made on 27.11.2018 and that without passing any orders therein, the authorities are contemplating to take action against the petitioner's licence.

4) Learned Government Pleader for Excise placed on record the written instructions received, stating that pursuant to the show cause notice, no explanation has been submitted by the petitioner, but an application for compounding of offence came to be filed. He further submits that a report has been called for by the Commissioner of Prohibition and Excise, Vijayawada, for further action in the matter.

5) Having regard to the above, the writ petition is disposed of permitting the petitioner to raise the objections, if any, before the Deputy Commissioner of Prohibition and Excise, in which event, the authorities concerned shall deal with the same, in accordance with law, at the earliest.

6) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 05.12.2018 vhb