BOTTA LAKSHMI PAVANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ appeal has been preferred against the judgment and order, dtd. 23/9/2024, passed in W.P. No.19812 of 2024. Briefly stated, the material facts are as under:

(2.) The genesis of the present controversy lies in the action of the Deputy Commissioner of Prohibition and Excise, Visakhapatnam, who by virtue of its order, dtd. 6/9/2024, suspended the bar licence of the appellant by invoking the provisions of Sec. 31 and 32 of the Andhra Pradesh Excise Act, 1968, r/w rule 61 & 62 of the Andhra Pradesh Excise (Lease of right of Selling by Bar, Grant and Conditions of Licence) Rules, 2022 (hereinafter referred to as "Rules").

(3.) Preceding the order impugned, dtd. 6/9/2024, passed by the Deputy Commissioner of Prohibition and Excise, a show cause notice, dtd. 20/8/2024, was served upon the appellant requiring her to show cause as to why the licence issued in her favour be not suspended. According to the show cause notice, the District Prohibition & Excise Officer (DPEO), Visakhapatnam, had submitted a report stating that the Inspector of Police, III Town police station, Visakhapatnam, had submitted a report stating that on 17/8/2024, the Joint Commissioner of Police, Visakhapatnam, made a surprise check at M/s. Island Bistro Bar & Restaurant on Beach Road, Visakhapatnam, and found that the Restaurant & Bar was open and was conducting business by operating beyond the permitted business hours. According to the DPEO, as per rules, the Bar and Restaurant has to close the sale of liquor by 11 p.m. and service of food by 12 midnight but the management was running the Bar and Restaurant after the business hours.