KODE RAVINDRA BABU Vs. STATE OF A.P.

JUDGEMENT

(1.) This order shall govern disposal of all the aforesaid appeals arising out of the common order passed by the learned single Judge in W.P.Nos.11560, 17756, 11557 and 11555 of 2019 respectively, dismissing the writ petitions filed by the appellantswrit petitioners challenging the orders of suspension of their licences. Therefore, all the aforesaid appeals are being disposed of by this common order.

(2.) The relevant issue for consideration in the present cases is that the Deputy Commissioner of Prohibition and Excise, Guntur has rightly exercised the power under Sec. 31(1)(b) of the A.P. Excise Act, 1968 (hereinafter referred to as 'Excise Act') suspending the licences of the appellants, vide orders dtd. 9/8/2019, 6/11/2019, 13/8/2019 and 9/8/2019 respectively. In the said orders, it was mentioned that the licensee having licence of Bar sold one whisky bottle, which was not used, and taken out from the bar premises, although after purchase it ought to be utilized within the premises, however bringing the bottle from the licensed premises would amount to violation of the condition of the licence that "No liquor shall be sold for removal from the licensed premises", to which in exercise of power under Sec. 31(1)(b) of the Excise Act, the bar licenses of the writ petitioners are suspended with immediate effect.

(3.) Learned Counsel for the appellants has referred to the provisions of Sec. 31(1)(b) of the Excise Act, which is relevant for the purpose of this case. Therefore, the same is reproduced as thus: