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SUBBA REDDY SATTI
Teja Bar and Restaurant – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Subba Reddy Satti, J.
1. Heard Sri O.Manohar Reddy, learned Senior Counsel assisted by Sri Ravula Nagarjuna, learned counsel for the petitioner and Sri Narsi Reddy, learned Government Pleader for Prohibition & Excise appearing on behalf of the respondents.
2. The writ petition is filed to declare the suspension order vide Rc.No.B/112/2022 dated 29.04.2024 issued by the 2nd respondent- Deputy Commissioner, Prohibition & Excise, Kurnool, in suspending the petitioner's Bar license without considering the explanation submitted by the petitioner, without affording opportunity of personal hearing and without assigning any reasons, as illegal and arbitrary.
3. The grievance of the petitioner is that show-cause notice vide Rc.No.B/112/2022 dated 20.04.2024 was issued to the petitioner pursuant to registration of case in Crime No.215 of 2024 dated 18.04.2024 of Special Enforcement Bureau Station, Kadapa under Section 36(1) (b&c), 41 of Andhra Pradesh Excise Act, 1968 r/w Rules 31, 41 and 48 of Andhra Pradesh Excise (Lease of Right of Selling by Bar, Grant and conditions of License) Rules, 2022. Ten days' time was granted to the petitioner to submit explanation. The petitioner submitted
Suspension of bar license declared illegal due to lack of reasons and violation of natural justice principles.
Suspension of a bar licence without disclosing relevant materials and failing to specify a duration violates principles of natural justice, rendering the order unsustainable.
Administrative orders must provide clear reasoning and specify durations to comply with natural justice principles, ensuring transparency and fairness.
Suspension of liquor licenses does not require notice or hearing, differing from cancellation, based on public interest and immediate action needs.
The withdrawal of the suspension order influenced the court's decision, highlighting the importance of adherence to principles of natural justice.
The court established that any administrative action affecting rights must comply with the principles of natural justice, including the right to a fair hearing.
Quashing of the cancellation order as it violated natural justice by lacking reasons, requiring reasoned decisions in quasi-judicial actions.
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