IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.40295 of 2014 BETWEEN A.Venkateshwarlu AND ... PETITIONER The State of Andhra Pradesh, rep. by its Secretary and others ...RESPONDENTS The Court made the following:
ORDER:
Petitioner questions the order passed by the Prohibition and Excise Superintendent, Nellore, dated 20.10.2014, primarily on the ground that petitioner was not heard in terms of directions of this court in W.P.No.25878 and 24899 of 2014, dated 05.11.2014. It is also questioned on the ground that the records and representation with originals are not considered at all and based on the counter affidavit filed by the Municipal Commissioner before this court in the said writ petitions, the impugned order is passed.
2. I have heard learned counsel for the petitioner; learned Government Pleader for Excise; as well as Mr.P.Sridhar Reddy, learned counsel, who appears on behalf of respondent No.6-caveator.
3. The order impugned itself mentions that objections and reports of both the licencees are heard, examined and considered. Further the government pleader has drawn my attention to the notice issued by the Prohibition and Excise Superintendent, dated 03.12.2014, whereunder he had called upon both the licencees to appear personally and file objections and fixed 06.12.2014 as the date for that purpose. Admittedly, both the licencees are stated to have been appeared and filed objections. It is, however, not necessary to go into all these questions inasmuch as the impugned order is clearly appealable under Section 63 of the A.P.Excise Act, 1968, and by the said appellate remedy, petitioner will be able to canvass various factual grounds urged including the grounds, referred to above, and the appellate authority would reconsider the entire matter and take appropriate decision.
4. Hence, the writ petition is disposed of permitting the petitioner to avail such appellate remedy. However, since the time fixed for shifting of the petitioner’s shop under the impugned order expired by 27.12.2014, to enable the petitioner to avail the appellate remedy, I deem it appropriate to grant me time till 10.01.2015 within which petitioner shall approach the appellate authority and seek appropriate orders from the appellate authority.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 29, 2014 LMV