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2022 DIGILAW 370 (AP)

K. Siva Kumar v. State of Andhra Pradesh

2022-04-01

R.RAGHUNANDAN RAO

body2022
JUDGMENT R. Raghunandan Rao, J. - The petitioner is running a Bar and Restaurant by the name of M/s. S.V.Restaurant and Bar, ananthapuram on the basis of Form-2B licence issued under the a.P. Excise (Grant of Licence of selling by Bar and Conditions of Licence) Rules, 2017 (for short, 'the Rules, 2017'). The petitioner received a notice bearing RC.No.110/2022/B2 dated 29.03.2022, calling upon the petitioner to show cause why his licence should not be suspended on the ground that the petitioner had violated Rule 27 of the said Rules. The show cause granted three days time to the petitioner, to submit his explanation. This show cause notice has been challenged by the petitioner in the present writ petition. 2. Sri O.Manoher Reddy learned counsel, appearing for the petitioner submits that the said notice is violative of the directions of a learned Single Judge of the erstwhile High Court of andhra Pradesh and that the said notice has been issued for extraneous reasons, for pressurizing the petitioner, to withdraw W.P.No.31241 of 2021, filed by the petitioner before this Court. 3. Heard Sri O.Manoher Reddy learned counsel, appearing for the petitioner and the learned Government Pleader for Excise. 4. a learned Single Judge of the erstwhile High Court of andhra Pradesh in N.Malla Reddy Vs. State of andhra Pradesh and Others (2013) 6 aLD 247 : (2013) 5 aLT 713 : 2015 SCC online aP 483., had considered the question of the period of time that is required to be given, for submitting explanations to show cause notice issued under Section 31 of andhra Pradesh Excise act, 1968 (for short 'the act, 1968'). The learned Single Judge, after noticing that no minimum time period is set out for submission of explanation, under Section 31 of the act, 1968 had directed that a minimum period of 15 days should be given to the holder of a licence to show cause against any proposed action of cancellation of licence. In the view of this Court, the said principle would apply even to show cause notices issued for suspension of licence. 5. In the present case, the show cause gives only three days time to the petitioner to submit his explanation. The time of three days granted in the notice is clearly in violation of the directions given by a learned Single Judge of the erstwhile High Court of andhra Pradesh. 6. 5. In the present case, the show cause gives only three days time to the petitioner to submit his explanation. The time of three days granted in the notice is clearly in violation of the directions given by a learned Single Judge of the erstwhile High Court of andhra Pradesh. 6. as far as the question of mala fides are concerned, the same cannot be gone into by this Court at this stage. 7. In that view of the matter, this writ petition is allowed setting aside the show cause notice bearing RC.No.110/2022/B2, dated 29.03.2022 leaving it open to the 3rd respondent to issue a fresh show cause notice in accordance with the directions of the learned Single Judge of the erstwhile High Court of andhara Pradesh mentioned above. There shall be no order as to costs. 8. as a sequel, pending miscellaneous petitions, if any, shall stand closed.