APHC010077692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4368/2026 Between:

1. V ATTIKUTI SATISH BABU, S/O BHASKAR RAO AGED ABOUT 47 YRS. BUSINESS, R/O H.NO.1-265, MURALI NAGAR, ALAMURU-

533233. DR BRA KONASEEMA DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, VELAGAPUDI-522503. AMARAVATHI GUNTUR DIST.

2. T HE COMMISSIONER PROHIBITION AND EXCISE, COMMISSIONERATE OF PROHIBITION AND EXCISE MANGALAGIRI-522503. GUNTUR DIST.

3. T HE DISTRICT PROHIBITION AND EXCISE OFFICER, DR BRA KONASEEMA DISTRICT, AMALAPURAM-533201.

4. T HE STATION HOUSE OFFICER, PROHIBITION AND EXCISE STATION, ALAMURU-533232. DR BRA KONASEEMA DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3^rd respondent in issuing the show cause notice vide RC.No.A3/64/2025 Dt.09-02-2026 to the petitioner seeking explanation basing on report of the 4^th respondent Dt.04-02-2026 is vague and in violation of the procedure under The Andhra Pradesh Excise (Grant of License of Selling by Shop (Premium Store) and Conditions of License) Rules, 2024 and the G.O.Ms.No.22 Dt.12-01-2026 as illegal, arbitrary, violative and contrary to the principles of natural justice and consequently set aside the same and pass such IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings in pursuance of the Show cause notice issued by the 3^rd respondent vide RC.No.A3/64/2025 Dt.09-02-2026 to the petitioner pending disposal of the main writ petition and grant such Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S):

1. GP FOR PROHIBITION EXCISE The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4368 OF 2026

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3^rd respondent in issuing the show cause notice vide RC.No.A3/64/2025 Dt.09-02- 2026 to the petitioner seeking explanation basing on report of the 4^th respondent Dt.04-02-2026 is vague and in violation of the procedure under The Andhra Pradesh Excise (Grant of License of Selling by Shop (Premium Store) and Conditions of License) Rules, 2024 and the G.O.Ms.No.22 Dt.12-01-2026 as illegal, arbitrary, violative and contrary to the principles of natural justice and consequently set aside the same and pass such other order or orders…”

2. The 3^rd respondent issued show cause notice vide proceedings in RC.No.A3/64/2025 Dt.09.02.2026, calling for explanation from the petitioner, as to why the petitioner’s A4 shop license should not be cancelled. The notice alleges that, during a decoy operation conducted by the 4^th respondent, the petitioner was found selling liquor at prices exceeding the maximum retail price (MRP), in violation of Rules 40 & 42 of the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024.

Assailing the said show cause notice, the present writ petition has been filed.

3. Heard Sri Pappu Srinivasa Rao, learned counsel for petitioner and learned Government Pleader for Prohibition and Excise for respondents.

4. Learned counsel for the petitioner contends that the show cause notice is ex facie illegal and violates principles of natural justice. Learned counsel relied