R MALLA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been filed to declare the order of the tirst respondent passed in G.O.Rt.No.734 Revenue (Excise-Ill) Department dated 3-4-2001 and the consequential order of the third respondent passed in Proc.No.C/ 3131/98 dated 26-4-2001 planting licence in favour of the fourth respondent as illegal, arbitrary and without jurisdiction.

(2.) The brief facts of the writ petition are as follows: The petitioner was granted an IL-24 licence under the provisions of the A.P. Excise Act for the excise year 1998-99 and the same was renewed for the year 2000-01. The petitioner was running the shop at Cuddapah without contravening any of the conditions of the grant of licence or the provisions of the A.P. Excise Act and the Rules thereunder.

(3.) It is stated in the affidavit that the fourth respondent herein was also granted licence for 1998-99 and the same was suspended on 15-5-1998 by the third respondent on the ground that the fourth respondent has contravened the provisions of the A.P. Excise Act. It is stated that aggrieved by the said suspension of the licence, the fourth respondent filed W.P.No.14503 of 1998 before this Court but the same was dismissed on 4-9-1998. Later, he also filed another W.P.No.15827 of 2000 seeking a direction to renew the licence but the same was dismissed on 17-1-2001 as infiuctuous. Thus, the fourth respondent has no licence for the excise years 1999-2000 and 2000-2001.