SRINIVAS GOUD Vs. COMMISSIONER OF PROHIBITION AND EXCISE

JUDGEMENT

(1.) THIS writ petition is filed for a mandamus to set aside order, dated 3. 6. 2009 whereby the TFT licences of the petitioners were suspended pending enquiry.

(2.) HEARD Sri B. Sai Ram Goud, learned Counsel for the petitioners and the learned Assistant Government Pleader for prohibition and Excise appearing for the respondents.

(3.) ON the basis of inspection of the petitioners' TFT shops by the State Task force Party, a show-cause notice for suspension of their licences for the rest of the lease period under Sections 31 (1) (b) and 37 of the Andhra Pradesh Excise Act, 1968 (for short 'the Act') was issued to the petitioners. Questioning the said show-cause notice, the petitioners filed Writ Petition no. 8731 of 2009. This Court dismissed the same vide its order, dated 30. 4. 2009 by holding that the writ petition was not maintainable against the show-cause notice. Since the petitioners were stated to have submitted their explanation to the show-cause notice, respondent No. 3 was directed to consider the same and pass appropriate speaking order in accordance with law. The petitioners filed an appeal against the said show-cause notice before respondent No. 2. They also filed Writ Appeal No. 662 of 2009. The Division Bench while declining to interfere with the order of the learned Single judge, disposed of the said appeal on 2. 6. 2009 by directing respondent No. 3 to pass appropriate order on representation, dated 24. 4. 2009 submitted by the petitioners on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of that judgment. A day immediately thereafter i. e. on 3. 6. 2009, respondent No. 3 passed the impugned order suspending the petitioners' licences pending further enquiry.