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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
Potu Bhaskar Rao, S/o Bhadraiah - Appellant
Vs.
The State of Telangana & Ors. - Respondent
Writ Petition No.18454 Of 2021
Decided On : 08-11-2021
T.S.Excise Act, 1968 - Section 46(c) - Suspension of License - Notice - Show cause - Petitioner has filed a writ Petition vide W.P.No - Court vide order dated, granted interim suspension in the said writ petition - 5th respondent had issued show cause notice, dated to petitioner for suspension of his License, requesting petitioner to submit his explanation within 7 days on ground that petitioner herein broke open locks of subject Shop and sold liquor unauthorizedly which is subject matter of case in COR No - Petitioner submitted his explanation in part and requested 5th respondent to furnish copies of panchanama and statements etc., if any, in COR No. for furnishing further explanation to said show cause notice - But without considering his request, 5th respondent hastily issued a show cause notice for cancellation of his License vide proceedings in Cr.No., dated calling for his explanation within 15 days – Held, there is no consideration of explanation submitted by the petitioner herein, by the 5th respondent, in passing impugned cancellation proceedings, dated - Any order without reason is an order without application of mind - According to this Court, principle laid down in the above said two decision relied on by 5th respondent is not applicable to the facts of present case - Therefore, the present writ petition is not maintainable - Viewed from any angle, action of the 5th respondent in canceling the License of the petitioner vide impugned proceedings dated is illegal, arbitrary and without reasons - Therefore, said impugned proceedings, dated are liable to be set aside - writ petition is allowed
ORDER:
This Writ Petition is filed seeking to declare the action of the 5th respondent in issuing the show cause notice for suspension of License vide proceedings in Cr.No.166/2021/P&Ex/B6, dated 07.06.2021, the show cause notice for cancellation of License vide proceedings in Cr.No.166/2021/P&E/B6, dated 13.07.2021 and the cancellation proceedings in Cr.No.166/2021/P&Ex/B6, dated 31.07.2021 cancelling the License vide Lic.No.KHM084/2019-2021, dated 02.11.2019 of the petitioner in respect of the shop No.A4 (for short ‘the subject shop’) of the petitioner-M/s. Kanakadurga Wines, Karepally, issued by the 5th respondent, as illegal and to set aside the same.
2. Heard Sri Shaik Madar, learned counsel, representing Mr. Shaik Laiq Pasha, learned counsel for the petitioner, and learned Government Pleader for Prohibition and Excise, appearing for respondents and perused the record.
3. FACTS OF THE CASE
(ii) It is the Shop No.2 in the said village.
(iii) The said License is for a period of two years with effect from 01-11-2019 to 31-10-2021.
(iv) The License fee was fixed at Rs.1,10,00,000/-.
(v) The petitioner is authorized to sell Indian Made Foreign Liquor (IMFL) as well as Foreign Liquor at his shop and has been conducting his business strictly as per the conditions of the License.
(vi) There are two more shops in the same village namely M/s New Kanakadurga Wines and M/s Bhavani Wines and also belt shops.
(vii) The 5th respondent suspended the petitioner’s License on the ground that he was selling the liquor in excess of the Maximum Retail Price (MRP).
(viii) The petitioner filed a Writ Petition vide W.P.No 22872 of 2020 before this Court challenging the proceedings of suspension of his License issued by the 5th respondent in Cr.No.582/2020/P&Ex/B6- 1, dated 28.11.2020 and this Court dismissed the same vide common order, dated 21.12.2020 passed in W.P No.22872 of 2020, W.P.No.22865 of 2020 and W.P.No.22970 of 2020 holding that the cause of action did not survive in the said writ petitions, on considering the proceedings dated 15.12.2020 withdrawing orders of suspension of the License, dated 28.11.2020.
(ix) Thereafter, the 5th respondent has demanded the petitioner to pay an amount of Rs.2,50,000/- towards the compound fee.
(x) Therefore, the petitioner has filed a writ Petition vide W.P.No.24372 of 2020. This Court vide order dated 04.01.2021, granted interim suspension in the said writ petition.
(xi) Thereafter, the 5th respondent vide proceedings dated 15.04.2021 suspended the License of the petitioner on the ground that the petitioner sold liquor bottles in bulk to one Shoban Babu of Perupalli Village, in violation of Election Code.
(xii) The petitioner herein has filed writ petition vide W.P No.10465 of 2021 challenging the said proceedings dated 15.04.2021 issued by the 5th respondent.
(xiii) This Court vide order dated 28.04.2021 granted interim suspension of the said proceedings dated 15.04.2021. xiv) The 5th respondent violated the said order and therefore, the petitioner herein has filed a Contempt Case.
(xv) Thereafter, the 5th respondent had issued show cause notice, dated 07-06-2021 to the petitioner for suspension of his License, requesting the petitioner to submit his explanation within 7 days on the ground that the petitioner herein broke open locks of the subject Shop and sold liquor unauthorizedly which is the subject matter of the case in COR No.41/2021 of Excise Station, Singareni.
(xvi) The petitioner submitted his explanation in part on 14.06.2021 and requested the 5th respondent to furnish the copies of panchanama and statements etc., if any, in COR No.41 of 2021 for furnishing further explanation to the said show cause notice. But without co
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