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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, CJ, RAVI CHEEMALAPATI, J
Botta Lakshmi Pavani – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
DHIRAJ SINGH THAKUR, C.J.
The present writ appeal has been preferred against the judgment and order, dated 23.09.2024, passed in W.P. No.19812 of 2024.
Briefly stated, the material facts are as under:
2. The genesis of the present controversy lies in the action of the Deputy Commissioner of Prohibition and Excise, Visakhapatnam, who by virtue of its order, dated 06.09.2024, suspended the bar licence of the appellant by invoking the provisions of Section 31 and 32 of the Andhra Pradesh Excise Act, 1968, r/w rule 61 & 62 of the Andhra Pradesh Excise (Lease of right of Selling by Bar, Grant and Conditions of Licence) Rules, 2022 (hereinafter referred to as "Rules").
3. Preceding the order impugned, dated 06.09.2024, passed by the Deputy Commissioner of Prohibition and Excise, a show cause notice, dated 20.08.2024, was served upon the appellant requiring her to show cause as to why the licence issued in her favour be not suspended. According to the show cause notice, the District Prohibition & Excise Officer (DPEO), Visakhapatnam, had submitted a report stating that the Inspector of Police, III Town police station, Visakhapatnam, had submitted a report stating that on 17.08.2024,
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 bar license declared illegal due to lack of reasons and violation of natural justice principles.
The cancellation of a license under the Odisha Excise Act, 2008 without providing reasonable notice or opportunity to be heard violates the principles of natural justice, rendering the order invalid.
Point of Law : For want of the inspection report before this Court, it cannot be presumed that the substance of the inspection report or the summary of the documents was furnished and that the summar....
The State Government holds the authority to regulate excise shop locations and close them without notice if due procedure was followed.
The court established that any administrative action affecting rights must comply with the principles of natural justice, including the right to a fair hearing.
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