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1984 Supreme(AP) 127

K.MADHAVA REDDY, LAKSHMANA RAO, P.KODANDA RAMAYYA
Tappers Co-operative Society, Maddur – Appellant
Versus
Superintendent of Excise, Mahaboobnagar – Respondent


P. A. CHOUDARY, J.

( 1 ) THIS Writ Petition, w. P. No. 5971/80 has been filed challenging the order of the Excise Superintendent, mahaboobnagar in Rc. No. 8184 of 1980 dated 11. 11. 1980 by means of which the licence of Toddy shop T. C. S. Maddur bearing licence No. 56 dated 6. 9. 1980 was suspended pending passing of the final orders. The allegation against the petitioner-Society was that the toddy in the shop of the petitioner had been adulterated with chemicals, it is argued by the learned counsel for the petitioner that there is no statutory power vested in the authorities to suspend the licence as an interim measure. Licence can only be cancelled as a punishment under Sec. 31 of the A. P. Excise Act, 1968. Sec. 31 of the A. P. Excise Act, 1968 speaks of the power of the licensing authority to cancel or suspend licence in the event of any branch by the holder thereof, or by any of his servants or by any one acting on his behalf of any of the terms and conditions thereof. This section can be made use of only where a breach by the holder of the conditions of the licence is established. Before establishing such a breach by the holder this section does not authorise the suspension

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