DEVI WINES Vs. DEPUTY COMMISSIONER OF EXCISE KAKINADA

JUDGEMENT

(1.) The petitioner questions the order of the 2nd respondent herein in his RC.No.2770/94/A4 dated 2-11-1994 suspending the licence of his shop under the name and style of Sri Devi Wines, Attili in Form F.L.24 bearing Licence No.67/92-97 "under Section 31(1) of the Andhra Pradesh Excise Act with immediate effect pending further investigation". The short question is whether there can be such a suspension of the licence under Section 31 (1) of the Andhra Pradesh Excise Act, 1968 (hereinafter referred to as 'the Act') "pending further investigation".

(2.) Notice before admission was ordered on 15-11-1994 observing as follows:-

(3.) In the present case, though the order of suspension was made on 2-11-1994, till now no enquiry has been initiated under sub-section (1) of Section 31 of the Act. The 2nd respondent in his affidavit does not state anywhere that the petitioner was given any show cause notice in respect of any enquiry under sub-section (1) of Section 31 of the Act or that any such enquiry is pending. No reasons have been given in his counter affidavit which necessitates suspension pending enquiry in a case like the present one. On similar facts, I have allowed Wnt Petition No.20779 of 1994 on 25-11-1994.