NARASIMHA REDDI Vs. EXCISE SUPERINTENDENT

JUDGEMENT

(1.) This writ appeal is by the unsuccessful writ petitioner in W.P. No. 1542 of 1982.

(2.) The appellant had called in question the cancellation of his FL 24 licence ordered by the Excise Superintendent, Karimnagar, in Rc. No. 6312/81/Ex/B5 dated 31-12-1981. The action to cancel the appellant's licence for the year 1981-82 was initiated) by way of a notice dated 14-10-1981 in which it was alleged that on a surprise check of Sujata Wines FL 24 shop at Rampoor village, Karimnagar taluk, under the supervision of the Assistant Commissioner of Excise on 22-7-1981 at about 11-30 a.m. consumption of Indian liquors and beer in the licensed premises of the said shop was noticed and certain property was seized under a panchanama and a case booked in respect of the irregularities noticed at the time of the surprise check. FL 24 licence does not permit consumption of liquor on premises. It is an off licence. A show cause notice was issued calling upon the appellant to explain as to why his licence should not be cancelled on 14-10-1981. In reply to the show-cause notice, the appellant, while denying the allegations, inter alia, pleaded that the licence for the year 1980-81 had expired and that the excise licence for the year 1981-82 cannot be cancelled for the alleged contravention of the conditions of the licence for the previous excise year. This plea did not find, favour with the excise Superintendent and the licence issued to the appellant by way of renewal for the excise year 1981-82 was cancelled. He, carried thematter in appeal to the Deputy Commissioner of Excise, Warangal, who by his order C.R. No. 407/82/F dated 24-2-1982 dismissed the appeal.

(3.) In the writ petition, one of the contentions raised by the appellant was the one referred to above. However, the learned single Judge observed that this argument has absolutely no basis under the provisions of the ANDHRA PRADESH EXCISE ACT, 1968 or the Rules made thereunder. Obviously the provisions contained in section 31 of the A.P. Excise Act (hereinafter referred to as 'the Act') were not brought to the notice of the Court, Section 31 (1) (b) reads as follows: