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2023 Supreme(AP) 612

PRASHANT KUMAR MISHRA, NINALA JAYASURYA
Nagiri Duggaiah – Appellant
Versus
State of Andhra Pradesh Rep. By Its Deputy Secretary, Revenue (ex. Ii) Department, Secretariat, Hyderabad – Respondent


Advocates appeared:
L.J. Veera Reddy, Advocate

JUDGMENT

Ninala Jayasurya, J. - Aggrieved by the order of the learned Single Judge dated 03.03.2016 in dismissing the Writ Petition No.14608 of 2007, the present appeal has been preferred.

2. For the sake of convenience, parties are referred to as arrayed in the Writ Petition.

3. The petitioner/ appellant filed the Writ Petition seeking to declare the action of the respondents particularly the 1st respondent in rejecting to refund the proportionate license fee and F.D.R., amount to the petitioner on suspension and cancellation of license of M/s.Bhairava Wines shop, proprietary concern of the petitioner as illegal, unjust, arbitrary and to set aside the order passed by the 1st respondent vide Memo dated 22.01.2007 with a further direction to refund the proportionate license fee and F.D.R., amount to the petitioner/licensee.

4. By an order dated 18.12.1998, the 3rd respondent cancelled the license, on the premise that the petitioner established a wine shop contrary to Rule 6 of A.P.Excise(IL & FL) Retail Sales Conditions of Licenses) Rules, 1993 (for short 'the Rules') as the distance was found 89 meters to Zilla Parishad High School, S.R.Puram.

5. Before the learned Single Judge, it was

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