Karri Veera Raghava Reddy, vs State Of Andhra Pradesh,
2021 Latest Caselaw 435 AP

             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

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

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.5325 of 2020

Dated 29.01.2021

RD