THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.5325 of 2020
ORDER:
The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the proceedings of the 2nd respondent issued on 28.5.2019 in Memo No.21341/EXII (2)/2013 is set aside and proceed with the Cr.No.1351/2017 CPE/E3 dt.12.03.2019, which is issued by the 3rd respondent and pray the court that the 2nd respondent send a letter to the 3rd respondent for further examination is illegal and arbitrary.
2. The learned Counsel appearing for the petitioner submits that pursuant to the notification of the 5th respondent, the petitioner has participated in respect of shop L.No.48/2012-13 notified at gazette serial number G.SI.No.527/2012-13. As per the drawl of lots, the petitioner became successful and license was granted in his favour and the petitioner started a shop in the name and style as M/s Sri Venkateswara Wines at D.No.2-318, Kappavaram village, Anaparthy Mandal of East Godavari District. The petitioner has paid 1st installment of license fee of Rs.11,33,335/- out of Rs.34,00,000/- and for the remaining two installments the petitioner has given bank guarantee in the Bank of India, Anaparthy bank dt.10.7.2012 BG.No.10027 and BG.No.10028.
3. While that being so, the respondents have raided the shop and caught hold carton box at the pan shop in the same locality and as per the allegations, licensee running one of the unauthorized liquor sale point and hence license of the petitioner was cancelled and a crime was booked and the same was numbered as C.C.No.11 of 2015 on the file of the Judicial First Class Magistrate, Anaparthy. After elaborate trial, accused in C.C.No.11 of 2015 were acquitted on the ground that the prosecution failed to establish the guilt of the accused beyond all reasonable doubt, vide judgment dated 23.8.2016 and the same 2 became final. After acquittal, the petitioner made a representation on 24.3.2017 for refund of the license fee. In response to the petitioner's representation, the 3rd respondent called for objections from the 5th respondent. 3rd respondent submitted a report to the 2nd respondent on 12.3.2019 for passing necessary orders in response to the 3rd respondent's letter. Despite repeated requests, the authorities have not considered the request made by the petitioner. Hence the writ petition.
4. Along with the writ petition, the petitioner has also filed a letter dated 12.3.2019 addressed by the Commissioner of Proh. & Excise to the Special Chief Secretary to Government Revenue (CT, Excise & Stamps and Registration) Department.
5. Considering the above submissions, the learned Government Pleader appearing on behalf of the respondents has given consent for disposal of the writ petition that after reasonable period, authorities would consider and dispose of the representation basing on the letter addressed by the 3rd respondent to the 2nd respondent.
6. Considering the above submissions, the writ petition is disposed of directing the 1st respondent to consider the representation made by the petitioner on 24.3.2017 along with report submitted by the 3rd respondent to the 2nd respondent and pass appropriate orders after getting further information from all the concerned, within four (4) weeks from the date of receipt of a copy of this order and communicate the same to all the concerned.
7. Accordingly, the writ petition is disposed of. No costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
________________ JUSTICE D. RAMESH Date: 29.01.2021 RD 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5325 of 2020 Dated 29.01.2021 RD