ATHITHI RESTAURANT AND BAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent No.3 in issuing proceedings vide Cr.No.A2/28/KMR/2021, dated 10.02.2021, suspending the licence of the petitioner, without following the procedure laid down under law, more particularly, the procedure laid down under Section 31 (1) (e) of the Telangana State Excise Act, 1968 (for short 'the Act'), as arbitrary and illegal and consequently, direct respondent No.3 to revoke the suspension order, dated 10.02.2021, issued by him.

(2.) Heard Sri P.Vamsheedhar Reddy, learned counsel for the petitioner, and learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 5 and 7. Perused the record.

(3.) Respondent No.3, the Deputy Commissioner, Prohibition and Excise, Nizamabad, vide proceedings, dated 10.02.2021, suspended the licence of the petitioner on the ground that the Demand Draft bearing No.2000824586 pertaining to IMFL Depot Nizamabad for Rs.6,00,000/- submitted by the petitioner under code 1702638 was not credited to Nizamabad Depot at Sub-Treasury and R & E till date and not yet traced out.