APHC010032202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2014/2026 Between:

1. D ANTAM VENKATESH, S/O. BASAVAIAH DANTAM, AGED ABOUT

57 YEARS, R/O. 8-75/1, NEAR SIVALAYAM, RAILWAY STATION ROAD, PANDILLAPALLI, PRAKASHAM DISTRICT, ANDHRA PRADESH- 523184 ...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 522

2. C OMMISSIONER OF PROHIBITION AND EXCISE, COMMISSIONERATE OF PROHIBITION AND EXCISE, MANGALAGIRI,ANDHRA PRADESH

3. T HE DISTRICT PROHIBITION AND EXCISE OFFICER, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH

4. P ROHIBITION AND EXCISE INSPECTOR, AC, P AND E (ENFT.)

ONGOLE

5. S TATION HOUSE OFFICER, PROHIBITION AND EXCISE STATION, CHIRALA, BAPATLA 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3rd respondent in issuing show cause notice to the writ petitioner vide Rc. No. 127120261B2, dt. 17.01 .2026 seeking explanation basing on the special report, dt. 12.01.2026 submitted by the 4th respondent which is vague and in violation of the procedure and rules as per the forwarding report dt. 13.01.2026 of the 5th respondent as illegal, arbitrary and in violation of principles of natural justice and consequently set aside the show cause notice Rc. No. 127/2026/B2, dt.

17.01.2026 issued by 3rd respondent to the writ petitioner and pass 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 pleased to suspend all further proceedings in pursuance of the Show cause notice vide Rc. No. 12712026/B2, dt. 17.01.2026 issued by 3rd respondent against the petitioner, pending disposal of writ petition and pass Counsel for the Petitioner:

1. K V RAGHU VEER 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.2014 OF 2026

ORDER:

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

“…to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3^rd respondent in issuing show cause notice to the writ petitioner vide Rc.No.127/2026/B2, dt.17.01.2026 seeking explanation basing on the special report, dt.12.01.2026 submitted by the 4^th respondent which is vague and in violation of the procedure and rules as per the forwarding report dt.13.01.2026 of the 5^th respondent as illegal, arbitrary and in violation of principles of natural justice and consequently set aside the show cause notice Rc.No.127/2026/B2, dt.17.01.2026 issued by 3^rd respondent to the writ petitioner and pass such other order or orders…”

2. The 3^rd respondent issued show cause notice vide proceedings in Rc.No.127/2026/B2, dated 17.01.2026, 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 Condition No.11 of the license conditions and Rule 40 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 K.V.Raghuveer, learned counsel for petitioner and learned Government Pleader for Prohibition and Excise for respondents.

4. Learned counsel for the petitioner contend