Telangana High Court

WP/42886/2015 of G.Chenchuramaiah Vs State of Andhra Pradesh, on 31 December 2015

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SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 42886 of 2015 ORDER: The petitioner is aggrieved by the proceedings dated 19.12.2015 passed by the Prohibition and Excise Superintendent, Markapur, Prakasam District, whereby his licence in Form A4 was cancelled. 2. Perusal of the impugned

THE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No. 42886 of 2015

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ORDER:

The petitioner is aggrieved by the proceedings dated 19.12.2015passed by the Prohibition and Excise Superintendent, Markapur, PrakasamDistrict, whereby his licence in Form A4 was cancelled.

2. Perusal of the impugned proceedings dated 19.12.2015 reflects thatthe Prohibition and Excise Superintendent did not even issue a show causenotice to the petitioner proposing cancellation of his licence and assumedthat he had nothing to say as he did not come forward to submit hisobjections in relation to the suspension of his licence.

3. When the excise authority proposed to cancel the licence issued to thepetitioner, it was incumbent upon it to follow the due procedure and give anopportunity of hearing to the petitioner before taking action. Failure to issue ashow cause notice proposing cancellation of the licence is not only inviolation of the prescribed procedure but also the principles of natural justice.

4. On this short ground, the impugned proceedings dated 19.12.2015 areset aside. This order shall however not preclude the respondent authoritiesfrom taking appropriate action afresh in the matter in accordance with law.

The Writ Petition is accordingly allowed. Pending miscellaneouspetitions, if any, shall also stand closed in the light of this final order. No orderas to costs.

____________________

JUSTICE SANJAY KUMAR

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