M/S. K P GROUPS (THE WAREHOUSE BAR AND RESTAURANT) Vs. THE COMMISSIONER OF EXCISE TTMC BUILDING, NGO COLONY WILSON GARDEN AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying to issue a writ of certiorari to quash the order dated 4.4.2018 issued by respondent No.2 bearing No.EXE/CRM/BU(E)/101/2017-18 vide Annexure-A cancelling the license CL9 and also a writ of mandamus directing the respondents - Authorities to consider the replies filed by the petitioner appended as per Annexures-B and C while adjudicating afresh upon the show cause notice appended as per Annexure-D.

(2.) It is the case of the petitioner that the petitioner is renowned and respected restaurant in the name and style of 'The Warehouse Bar and Restaurant' and has been carrying on business in the rented premises for the past twelve years. The petitioner has always maintained the highest standards of safety and quality and has never had any previous instance where serious charges or allegations were levelled against them. In the meanwhile, respondents - Authorities issued a show cause notice to the petitioner in furtherance of a surprise raid to which, upon receipt, the petitioner prudently filed replies within the time limit prescribed.

(3.) It is the further case of the petitioner that respondents - Authorities due to their oversight and miscommunication, failed to consider the replies filed by the petitioner and proceeded to pass the impugned order of closure on the ground that no reply was filed by the petitioner, The petitioner immediately preferred an appeal before the 1st respondent - Commissioner, who despite the petitioner having moved various memos pleading urgency, failed and neglected to fix a date for hearing or consider the appeal of the petitioner on merits nor consider the interim order of stay. Therefore, the petitioner has preferred this writ petition seeking the relief as prayed for.