IMPORTANT POINT
Administrative orders must provide clear reasoning and specify durations to comply with natural justice principles, ensuring transparency and fairness.

ORDER:

Gannamaneni Ramakrishna Prasad, J.

Heard Sri O. Manohar Reddy, Learned Senior Counsel brief by M/s. OMR Law Firm and Sri Y. Balaji, Learned Government Pleader assisted by Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Prohibition and Excise. In view of the urgency expressed by the Learned Senior Counsel, with the consent of both the parties, this matter is taken-up for final hearing at the admission stage itself.

2. The prayer sought in the present Writ Petition is as follows:

“It is prayed that the Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the order of the 3rdrespondent issued in Rc.No.313/2022/B2 dated 06.09.2024 as illegal, arbitrary and in violation of principles of natural justice without jurisdiction and consequently direct the 3rdrespondent to permit the petitioner to conduct the business and pass such other or further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case.”

3. The facts as emerged from the Affidavit filed in support of the Writ Petition are that the Writ Petitioner herein was granted a Form-2B License to run a Bar & Restaurant under the provisions of the Andhra Pradesh Excise (Lease of Right of Selling by Bar, Grant and Conditions of License) Rules, 2022 in the name and style of M/s. Island Bistro Bar and Restaurant in East Point Colony, Beach Road, Visakhapatnam aka QUBBAA PUB. It is further stated in the Affidavit that the Deputy Commissioner of Prohibition and Excise (Respondent No.3) has issued Show Cause Notice bearing Rc.No.313/2022/B2, dated 20.08.2024 (Ex.P.2), in which, it is alleged that the District Prohibition and Excise Officer, Visakhapatnam has submitted a Report stating that the Inspector of Police, III town Police Station has submitted a Report stating that on reliable information, on 17.08.2024 night, the Joint Commissioner of Police, Visakhapatnam City conducted a surprise raid on the premises and found that the Bar & Restaurant run by the Writ Petitioner was conducting its business beyond the business hours which is in violation of the terms and conditions of license. It is also pointed out that the Report of the Joint Commissioner of Police indicated certain other irregularities. The Respondent No.3 issued Show Cause Notice on 20.08.2024 (Ex.P.2) to the Writ Petitioner. The Writ Petitioner has submitted detailed Explanation on 04.09.2024 (Ex.P.3). Being dissatisfied with the Explanation submitted by the Writ Petitioner, the impugned Proceedings came to be passed by the Respondent No.3 suspending the license of M/s. Island Bistro Bar and Restaurant with immediate effect vide Order dated 06.09.2024 (Ex.P.1).

4. It transpires from the impugned Order that the Respondent No.3 had considered three incidents as the reason for passing the impugned Order and such reasons are as under:

5. Sri O. Manohar Reddy, Learned Senior Counsel has assailed the Order of Suspension dated 06.09.2024 (Ex.P.1), essentially, on the following three grounds:

a. That the impugned Order is vitiated due to the reasons that it is bereft of reasons amount to non-adherence to the Principles of Natural Justice;

b. That the impugned Order is perverse inasmuch as the impugned Order does not prescribe the period of suspension and therefore, it is in the nature of revocation of license which is in the guise of a Suspension Order for an indefinite period of time; and,

c. That the Deputy Commissio