TCSR, J.

The petitioner seeks a writ of certiorari to quash the order of the Excise Commissioner passed in CR.No.21341/94/Ex/G.3 dated 20.08.1994 as illegal and arbitrary and for a consequential direction to the second respondent to allow remission of licence fee for 48 days during which period the petitioner’s shop was illegally closed.

When the writ petition came up for consideration before the Hon’ble Chief Justice, noticing the conflict between the Judgment of this Court in The Assistant Commissioner Of Prohibition And Excise V. K.Krishna Reddy (Writ Appeal No.529 of 2003 Dated 26.06.2003) and the decision reported in Toddy Tappers Co-Operative Society, Pulekona Group, Pulekona, Hdyerabad District V. State Of Andhra Pradesh And Others 2004 (3) ALT 392 = 2004 (3) ALD 417 (Dd.B,), the learned Chief Justice felt that the controversy be set at rest by a Full Bench. That is how the matter has come up before us.

The case of the petitioner in brief is thus: The writ petitioner has been running a retail liquor shop, F.L.24 under the name and style of M/s.S.L.V.Wines at Mydukur Town in Cuddapah District. On a complaint said to have been given by one Chinna Veeraiah, the third respondent/Excise Superintendent sealed the shop of the petitioner on 21.11.1993 and eventually the licence too was suspended by an order in Crime No.B3/3663/93 dated 25.11.1993 which was served on the petitioner on 26.11.1993, followed up by a show cause notice dated 08.12.1993 which was served on 28.12.1993 at 06.00 P.M. The petitioner submitted his explanation pursuant thereto on 04.01.1994. It was explained inter alia that by mistake a complaint was lodged against the petitioner. Basing on the explanation given by the petitioner, the Excise Inspector was directed to submit a report. After perusing the report submitted by the Excise Inspector and the explanation submitted by the petitioner the third respondent under his proceedings in Rc.No.B3/3663/93 dated 07.01.1994 revoked the suspension and the stocks seized were directed to be released to the petitioner.

The petitioner originally paid licence fee of Rs.45,000/- and thereafter an amount of Rs.17,500/- by way of challan on 11.01.1994 besides furnishing a bank guarantee for Rs.62,500/-. The annual licence fee of Rs.1,25,000/- was thus paid by him. However, on account of the wrongful closure of his shop from 21.11.1993 to 07.01.1994, he sustained heavy loss. The licence fee for the said period comes to Rs.16,656/-. However, the second respondent demanded the petitioner to pay the final instalment of the licence fee to the extent of Rs.31,250/- on or before 20.06.1994. The petitioner submitted a representation to the Commissioner of Excise on 16.03.1994 requesting him to order for remission. When, the third respondent threatened to cancel the licence the petitioner filed a writ petition in W.P.No.10695/1994. That writ petition was disposed of at the admission stage on 17.06.1994 directing the Excise Commissioner to dispose of the representation of the petitioner within two weeks therefrom. In the meanwhile, the petitioner remitted a sum of Rs.16,600/- under a challan into Sub-Treasury, Proddatur, towards balance of final instalment after deducting the licence fee for 48 days during which period his shop was wrongfully closed. The Commissioner of Excise eventually rejected the representation of the petitioner.

Traversing the averments made in the affidavit filed in support of the writ petition, the respondents in the counter affidavit stated inter alia that as per the statement of the complainant-Chinna Veeraiah, he became sick only after consumption of the liquor purchased from the shop of the petitioner; and that basing upon the said statement, a show cause notice was issued to the petitioner; and that it was only as per the interim directions given on 04.01.1994 by the High Court in W.P.M.P.No.24718/1993 in W.P.No.19610/1993, the suspension orders were revoked on 07.01.1994 with instructions t