The petitioner, whose Form A-4 licence issued under the provisions of the A.P. Excise (Lease of right of selling by shop and conditions of licence) Rules, 2005 (for short, 'the Rules') to sell liquor in retail was cancelled, filed this writ petition seeking invalidation of the orders passed by the hierarchical authorities by issue of a writ of Certiorari.

2. The facts crisply stated are as under:

The petitioner was the successful bidder for running a retail liquor shop at Vellatur, Pendimarri Mandal, Kadapa District. He was granted licence bearing No.117/2006-08 in Form A-4 under the Rules for a period of two years from 01.07.2006 to 30.06.2008. On 26.01.2007, respondent No.5 along with his staff conducted a search and found 77 cartons of spurious liquor bottles of Bagpiper Whisky, with each of the 3693 bottles containing 180 ml. Consequently, respondent No.5 registered a criminal case bearing crime No.162 of 2006-07 on his file for offence under Section 34-A of the A.P. Excise Act, 1968 (for short, 'the Act').

3. While the said criminal case was pending, respondent No.4 issued proceedings vide Rc.No.B3/32/2007 dated 27.01.2007 by which the petitioner's licence was suspended and simultaneously he issued a show cause notice calling for explanation from the petitioner against the proposed cancellation of his licence. Respondent No.4, after considering the explanation filed by the petitioner on 06.02.2007, issued proceedings in Rc.No.B2/704/2006 dated 23.02.2007, whereby he cancelled the licence granted in favour of the petitioner. An appeal filed by the petitioner against the said order of cancellation ended in its dismissal by proceedings Rc.No.B/60/2007 dated 01.03.2007 of respondent No.3 and the second appeal filed by the petitioner met the same fate with its dismissal by respondent No.2 by order dated 07.05.2007. The petitioner carried the matter in revision before respondent No.1, which dismissed the same by affirming the orders passed by the original and appellate authorities vide G.O.Rt.No.531 dated 20.02.2008.

4. A few days before the impugned order was passed by respondent No.1, the criminal case against the petitioner came to be disposed of by the learned Special First Class Magistrate for Prohibition and Excise Offences, Kadapa (for short, 'the Criminal Court') by his judgment dated 14.02.2008. The said criminal case ended in the petitioner's acquittal. The petitioner made a representation on 28.02.2008 before respondent No.4 for restoring his licence, in the light of the judgment of the criminal Court. On 29.02.2008, respondent No.6 issued a re-notification in respect of the shop in question for granting a fresh licence to run the shop for the remaining licence period i.e., from 01.03.2008 to 30.06.2008, fixing 08.03.2008 for conducting auction. At that stage the pet filed the present writ petition. This Court by order dated 04.03.2008, while admitting the writ petition, permitted auction to be held subject to the condition that the same shall not be confirmed.

5. The respondents filed counter-affidavit along with the application for vacating the said order. When the said application came up for hearing, with the consent of the learned counsel for the writ petitioner and the learned Government Pleader for the respondents - vacate stay petitioners, the writ petition was taken up for hearing and the same was accordingly heard.

6. Sri N. Subba Reddy, learned counsel representing Sri N.Siva Reddy, learned counsel for the petitioner submitted that the order of cancellation passed by respondent No.4 and affirmed by respondent Nos.3 to 1 is required to be recalled in the light of judgment dated 14.02.2008 passed by the Criminal Court in Calendar Case. No.33 of 2007. The learned counsel placed reliance on the judgment of the Supreme Court in Capt. M. Paul Anthony v. Bharat Gold Mines Limited and another, AIR 1999 SC 1416 = 1999(3) ALD (SCSN) 13 and of this