B. K. SOMASEKHARA, J.

( 1 ) THE petitioner held IMFL-24 licence of M/s. Goutam Wines at Yallur, kumool district bearing licence No. 21/1990-91 for the period from 1-10-1993 to 30-9-194. He had paid Rs. 18,750/- towards first instalment and for the balance of the licence fee of Rs. 56,250/- he had given the bank guarantee no. 1/93 dated 8-10-1993. In the meanwhile, the Excise authorities seized the shop and the licence inspection book etc. , regarding the petitioner on the allegation that he had violated the terms of the licence and a crime was registered in Crime Number 22/93-94 for an offence punishable under section 34 (a) read with Section 45 (i) and (ii) of the Andhra Pradesh Excise act and consequently his licence came to be cancelled under Rc. No. C2. 4317/3 dated 27-1-1994. The petitioner, thus prevented from continuing with the business under the licence, sought for return of the bank guarantee. The respondent No. 1, namely, the Prohibition and Excise superintendent, Kumool District refused to return the bank guarantee which was taken with Respondent No. 2 on the ground that the Commissioner of prohibition and Excise, Andhra Pradesh had issued instructions in Cr. Number 3911

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