Sri.Sanaboina Satyanarayana, vs State Of Andhra Pradesh,
2024 Latest Caselaw 10466 AP

Andhra Pradesh High Court - Amravati

Sri.Sanaboina Satyanarayana, vs State Of Andhra Pradesh, on 19 November, 2024

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 APHC010517342024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                   [3328]
                           (Special Original Jurisdiction)

              TUESDAY, THE NINETEENTH DAY OF NOVEMBER
                  TWO THOUSAND AND TWENTY FOUR
                               PRESENT
   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD
                      WRIT PETITION NO: 26595/2024
Between:
   1. SRI.SANABOINA SATYANARAYANA,, S/O. SANABOINA SUBBA RAO,
      AGED ABOUT 65 YEARS, OCC BUSINESS, R/O. D.NO.64-35-2/1,
      SUBBARAO NAGAR, NEAR SIVALAYAM, QUARRY MARKET,
      RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.
                                                         ...PETITIONER
                                 AND
   1. STATE  OF   ANDHRA PRADESH,          (EXCISE-LL)  REVENUE
      DEPARTMENT,   SECRETARIAT,      VELAGAPUDI,    AMARAVATHI,
      GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.
   2. THE   COMMISSIONER OF  PROHIBITION   AND   EXCISE,
      GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA
      DISTRICT.
   3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE,
      KAKINADA, EAST GODAVARI DISTRICT.
   4. THE  DISTRICT  PROHIBITION  AND     EXCISE             OFFICER,
      RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.
   5. STATION HOUSE OFFICER, PROHIBITION AND EXCISE STATION,
      RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.
                                                     ...RESPONDENT(S):
Counsel for the Petitioner:
   1. O M R LAW FIRM
Counsel for the Respondent(S):
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     1. GP FOR PROHIBITION EXCISE
The Court made the following:

ORAL ORDER:

Heard Sri O. Manohar Reddy, Learned Senior Counsel appearing for the Writ Petitioner and Sri P. Nagaraju, Learned Government Pleader for Prohibition & Excise.

2. Sri O. Manohar Reddy, Learned Senior Counsel appearing for the Writ Petitioner would submit that the charge made out against the Writ Petitioner is that the Licensee was indulging in conducting of sales over and above the MRP. It is the allegation of the Respondent Authorities that the Writ Petitioner has been charging an excess amount of Rs.80 over and above the MRP which is in violation of Section 36 (1)(b) and (c) of Andhra Pradesh Excise Act, 1968 r/w Rules 40 & 42 (4) of Grant of License of Selling by Shop and Conditions of License Rules, 2024.

3. It is submitted that in terms of the alleged offence, mentioned above, a Crime was registered bearing Crime No.331/2024 dated 03.11.2024. The Respondent Officials have issued a Show Cause Notice on 04.11.2024 (Ex.P.2) with a direction to the Writ Petitioner to submit an Explanation within 7 days from the date of issuance of the Show Cause Notice. The Licensee (Writ Petitioner) vide Representation dated 08.11.2024 (Ex.P.3), had submitted that the time granted to submit Explanation is too short and sought an additional time of 10 days.

4. It is the submission of Sri O. Manohar Reddy, Learned Senior Counsel that the Respondent Authorities, without considering the said request of the Writ Petitioner for extension of time, had passed the impugned Order dated 14.11.2024 (Ex.P.1) thereby, suspending the operation of the A4 shop license with immediate effect in public interest and pending enquiry into the case.

5. Learned Senior Counsel appearing for the Writ Petitioner would submit that the time of 7 days granted to the Writ Petitioner is arbitrary and is contrary

to the Judgement of this Court in N. Mallareddy Vs. State of Andhra Pradesh : 2013 (6) ALD 247. Learned Senior Counsel has drawn the attention of this Court to para No.24 of the said Judgment, wherein, it has been laid down that 15 days period should be given to the licensee for submitting an explanation or for suspension of license, before passing an Order.

6. Having regard to the above submission, this Court is of the view that the grant of 7 days period for submitting an Explanation is arbitrary and is also in violation of the Judgment of this Court in N. Mallareddy's case (mentioned supra). Accordingly, this Writ Petition stands allowed, with a direction to the Writ Petitioner to submit his Explanation on or before 02.12.2024. Consequently, the impugned Order dated 14.11.2024 (Ex.P.1) is set-aside. The Respondent Authorities are directed to objectively consider the Explanation submitted by the Writ Petitioner and pass fresh Orders. No order as to costs.

7. Sri P. Nagaraju, Learned Government Pleader for Prohibition & Excise is directed to communicate the gist of this Order to the Official Respondents to enable them to permit the Writ Petitioner to commence his Liquor Business/Trade from 20.11.2024 onwards.

8. Interlocutory Applications, if any, stand closed in terms of this order.

_________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 19.11.2024

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