AR. LAKSHMANAN, C. J.

( 1 ) W. P. NO. 23805 of 2001, was filed seeking to declare the Proceedings No. 507/2001/c2, dated 23-10-2001, passed by the 1st respondent-Prohibition and Excise superintendent, as illegal and contrary to the proviso appended to Section 31 (1) of the a. P. Excise Act, 1968 (for short the Act ), consequently quash the same and direct the 1st respondent to permit the petitioners to run the business of sale of liquor in the name and style of M/s. Madras Wines at devarakonda, till 31-3-2001 (sic. 2002) in terms of the licence issued on 31-3-1990.

( 2 ) THE learned single Judge holding that against the impugned order, petitioners have an effective alternative remedy by way of appeal to the Deputy Commissioner, under Section 63 of the Act, dismissed the writ petition.

( 3 ) THE correctness or otherwise of the above order, passed by the learned single judge is questioned in this writ appeal.

( 4 ) WE have heard the learned Counsel for the petitioners as well as the learned government Pleader for Prohibition and excise for the respondents.

( 5 ) THE learned Counsel for the appellants submits that the 1st respondent without giving the appellants an opportunity to mak

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