IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22673 of 2004 Between: Tottuka Veeramma, W/o. Venkateswara Rao, R/o. Tadepalli P.S., Tadepalli Mandal, Guntur District. ..... PETITIONER AND 1 The Govt of A.P., rep. by its Secretary, Department of Proh & Excise, Secretariat, Hyderabad. 2 The Commissioner, Department of Proh & Excise, Govt of A.P., Hyderabad. 3 The Dy. Commissioner, Proh & Excise, Guntur Range, Guntur District, Guntur. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Issue a writ, order or direction, more particularly one in the nature writ of Certiorari after calling for the entire records relating to the impugned proceedings of the 3rd respondent vide Rc.No.256/2000/A4 dt. 9.11.2004 and to quash the same is illegal, arbitrary and violated Section 64 of the A.P. Excise Act, 1968 and the A.P. Excise ( Appeal & Revision) Rules 1969 and also violative Articles 19, and 21 of the Constitution of India and pass such other order or orders as this Hon’ble Court deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI K.RAMA KOTESWARA RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22673 of 2004 ORDER: The petitioner is the owner of an auto rickshaw bearing No.AP 16/W 7935. The same was seized by Inspector of Police, P.S.Mangalagiri, on 08.03.2000 when the auto was allegedly transporting 429 nips of IML (Indian Made Liquor) and also IL. After receiving report, the Deputy Commissioner initiated action under Section 46 of the Andhra Pradesh Excise Act, 1968 (the Act, for brevity), and passed orders on 31.01.2001 ordering conﬁscation of the vehicle to the Government. The petitioner unsuccessfully ﬁled an appeal before the second respondent. Against the order of the second respondent dated 15.01.2001 the petitioner preferred a revision before the Government under Section 64 of the Act. By a communication bearing Rc.No.256/2000/A4, dated 09.11.2004 the Deputy Commissioner of Prohibition & Excise informed the petitioner that her revision was rejected by the Government vide their orders in G.O.Rt.No.500, Revenue (EX.III) Department, dated 17.03.2004. Therefore, the petitioner ﬁled the instant writ petition challenging the order of the Deputy Commissioner. This Court heard the learned Counsel for the petitioner and the learned Government Pleader for Excise. It is no doubt true that as alleged by the petitioner the decision of the Government rejecting the revision was communicated to the third respondent, but allegedly, a copy of G.O.Rt.No.500, dated 17.03.2004, was not communicated to the petitioner. Now, the learned Government Pleader has produced a copy of the said Government Order before this Court. A bare look at the Government Order would show that Government did not issue notice to the petitioner before rejecting the revision. This is contrary to proviso to Section 64 of the Act, which contemplates an opportunity to the person seeking revision before the Government. For this limited ground, the matter is remitted to the Government to give opportunity to the petitioner and pass appropriate orders afresh notwithstanding the fact that they already passed G.O.Rt.No.500, dated 17.03.2004, which was not communicated to the petitioner. Be it noted that when an order passed is not communicated to the aggrieved person, it is no order in the eye of law. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 23.10.2008 vs To 1 The Secretary, Govt of A.P., Department of Proh & Excise, Secretariat, Hyderabad. 2 The Commissioner, Department of Proh & Excise, Govt of A.P., Hyderabad. 3 The Dy. Commissioner, Proh & Excise, Guntur Range, Guntur District, Guntur. 4 2CCs to G.P for Prohibition and Excise, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{JGK}