HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 9839 and 9853 of 2008 DATED 4th December, 2014.
BETWEEN Mr.D.Santosh ….Petitioner in WP.No.9839 of 2008.
Mr.D. Shankar ….Petitioner in WP.No.9853 of 2008 And The Proh. & Excise Inspector, Bichkunda, Nizamabad District and ors …Respondents in both WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 9839 and 9853 of 2008
COMMON ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.
In these two cases, the refund of proportionate licence fee for the period of unlawful closure of shop was sought and hence both cases were heard together and are being disposed of by this common order.
In Writ Petition No. 9839 of 2008, the petitioner was granted licence on 23.06.2006 valid from 01.07.2006 to 30.06.2008. The licence relates to the shop notified in the Gazette at S.No.142 and the petitioner paid licence fee of Rs.13,50,000/-. While so, the Prohibition and Excise Inspector, Bichkunda inspected the local dhaba, STD booths and house premises on 13.07.2007 and detected some liquor bottles alleging non-duty paid liquor and registered a case in Crime No.48/2007-08. On confession statement of co-accused the name of the licencee, i.e. the petitioner herein was arrayed as A.7. In pursuance of the same, the licence of the petitioner was suspended on 16.07.2007 and later on cancelled by order dated 31.07.2007. The petitioner preferred a revision petition before the Government and the said revision was allowed in G.O.Rt.No.365, dated 05.02.2008 setting aside the order of cancellation of licence dated 31.07.2007. In pursuance thereof, the licence of the petitioner was restored and the petitioner re- commenced his business from 22.04.2008.
Now the petitioner submits that in view of unlawful closure of shop from 16.07.2007 to 22.04.2008, he is entitled for refund of proportionate licence fee/lease amount.
In Writ Petition No. 9853 of 2008, the petitioner was Gazette at S.No.140 and the petitioner paid licence fee of Rs.13,25,000/-. While so, the Prohibition and Excise Inspector, Bichkunda inspected the shop premises on 12.07.2007 and detected some liquor bottles alleging non-duty paid liquor and registered a case in Crime No.47/2007-08. On confession statement of co-accused the name of the licencee, i.e. the petitioner herein was arrayed as A.6. In pursuance of the same, the licence of the petitioner was suspended on 16.07.2007 and later on cancelled by order dated 31.07.2007. The petitioner preferred a revision petition before the Government and the said revision was allowed in G.O.Rt.No.391, dated 06.02.2008 setting aside the order of cancellation of licence dated 31.07.2007. In pursuance thereof, the licence of the petitioner was restored and the petitioner re-commenced his business from 22.04.2008.
Now the petitioner submits that in view of unlawful closure of shop from 16.07.2007 to 22.04.2008, he is entitled for refund of proportionate licence fee/lease amount.
An identical matter came up for consideration before the Full Bench of this Court in S.L.V. Wines, Cuddapah Vs. State of Andhra Pradesh {2009(5) ALD 179} and the Full Bench of this Court after considering the case law and another Full Bench judgment of this Court in Sri Narasimha Wines Vs. Prohibitiion and Excise Superintendent, Medak District at Sangareddy {2001 (6) ALT 240} observed that no Writ of Mandamus can be issued directing the State Government to grant remission and accordingly held that the petitioner therein was not entitled to any remission as claimed by him.
In view of the authoritative pronouncement by the Full Bench, this Court is bound by the said decision on the point of law. Since the facts in the cases on hand are identical to the case referred supra, these Writ Petitions are also liable be dismissed and are accordingly dismissed.
Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 4th December, 2014. Msnrx