Telangana High Court
WP/27656/2005 of M/s. Srilakshmi Srinivasa Wines, Vs The Commissioner of Prohibition and Excise of A.P., on 27 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27656 OF 2005 Dt.27.12.2005 Between: M/s.Srilakshmi Srinivasa Wines Rep. by Authorised Person, D.Somasekhara Rao … Petitioner And The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad … Respondent ORDER: This writ petition has
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.NO.27656 OF 2005
Dt.27.12.2005
Between:
M/s.Srilakshmi Srinivasa WinesRep. by Authorised Person,D.Somasekhara Rao … Petitioner
And
The Commissioner of Prohibition and Excise,Andhra Pradesh, Hyderabad … Respondent
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ORDER:
This writ petition has been filed to declare the action of therespondent in not disposing the applications for T.T.Ps (throughtransport permit) under Rules 15 and 16 of the Andhra PradeshExcise (Import, Export and Transport of Indian Liquor and ForeignLiquor-Permits) Rules, 2005 (for short ‘the Rules’) within a reasonabletime, as arbitrary and illegal.
The petitioner submits that it holds a wholesale and retail licence fordealing in Indian and Foreign Liquor issued by the Government ofPandicherry. Since a T.T.P (through transport permit) is required fortransportation of Indian and Foreign liquor including beer through theState of Andhra Pradesh from any other State to destination outsidethe State, the petitioner made an application to the respondent underSection 15 for issuance of T.T.P. However, the respondent did notissue the same.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Prohibition and Excise appearing for therespondent.
Appropriate decision has to be taken by the respondent inaccordance with law in disposing of the applications for T.T.Ps underRules 15 and 16 of the Rules. As per Rule 16(3), a Prohibition andExcise Officer authorized by the Commissioner of Prohibition andExcise after making such enquiry as he may considered necessaryand on being satisfied that the excise duty on the Indian liquor andForeign liquor to be transported has been paid, may issue a transportpermit.
The learned Government Pleader for Prohibition and Excise seekstwo days time for considering the applications by the authorities.
Accordingly, the writ petition is disposed of directing the respondentto take appropriate decision on the applications of the petitionerwithin two days from the date of receipt of a copy of this order. Nocosts.
_________________
(V.ESWARAIAH, J.)
27.12.2005
Note: Issue copy by tomorrow.
B.O.
kpr