GEETANJALI WINES Vs. P BHASKAR REDDY

JUDGEMENT

(1.) Since the controversy involved in these writ petitions is interconnected, both the writ petitions are being disposed of by this common order.

(2.) Writ Petition No.18302 of 2002 is filed assailing the action of the respondents 1 and 2 in seizing the petitioner's IL-224 wine shop and stocks on 17-9-2002 vide FIR No.353 of 2002-03, as bad in law, violative of principles of natural justice and contrary to the judgment of this Court reported in 2002 (1) ALT 108 (D.B.) and consequently direct the respondents 1 and 2 to restrain themselves from illegally visiting/harassing the petitioner without following the due process of law and also for a further direction to the respondents 3 and 4 to initiate disciplinary proceedings against respondents 1 and 2 in the interest of justice.

(3.) The complaint of the petitioner in this writ petition is that the Inspector, and the Sub-Inspector of Nalgonda Excise Station, respondents 1 and 2 herein came to his shop with two persons on 16-9-2002 and also bought with them two bottles of whisky and they kept the same in the shop and made the nowkarnama holder to sign on the blank papers and thereafter the shop was locked with the their own lock and key. It is further stated that on the next day the respondents 1 and 2 seized the stocks and kept them under their custody and registered a false case vide FIR No.353/2002-03, under Sec.36(c) of the A.P. Excise Act, 1968 r/w. Rule 17 (2) of the A.P. Excise Rules, 1993, against the licence holder on the alleged ground of possession spurious liquor in the licensed premises and as consequence thereof, the licence of Geetanjali Wines, was suspended by order dated 21-9-2002. The petitioner categorically asserts that respondents 1 and 2 have resorted to this recourse, solely for the reason that the petitioner was not giving them 'Mamools/ bribe'.