THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17721 of 2009 DATE:02.09.2009 Between: Karangi Balaswamy Goud ... Petitioner and The Prohibition & Excise Superintendent, Nagar Kurnool, Mahaboobnagar District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17721 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in not considering his explanations submitted on 14.06.2009 and 22.06.2009 to the show cause notice issued in Cr.No.C/4/09 dated 23.05.2009 and in passing an order cancelling his licence vide Cr.No.C/4/2009, dated 18.06.2009, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that he is selling toddy in a shop under a valid licence No.12 at the village Kalwakurthy No.3, Kalwakurthy Mandal, Mahabubnagar District and he has been running the shop since the year 2005 without any complaint or allegation from anybody. While so, the 1st respondent issued a show cause notice in Cr.No.C/4/09 dated 23.05.2009 calling upon him to show cause as to why his licence should not be cancelled, within seven days, for the allegations levelled against him by the 2nd respondent, . Having received the same, he has submitted explanations on 14.06.2009 and 22.06.2009 to the 1st respondent denying the allegations in the notice. But, without considering his explanations and without giving any opportunity of hearing, the 1st respondent passed an order vide Cr.No.C/$/09 dated 18.06.2009 cancelling his licence, without following the due procedure as contemplated under the A.P. Excise Act and the Rules made thereunder. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition and Excise. 4. Except the contention of the learned counsel for the petitioner that though the petitioner gave a detailed explanation on 14.06.2009 to the show cause dated 23.05.2009, without considering the same the 1st respondent passed the impugned order dated 18.06.2009 cancelling the licence of the petitioner, there is nothing on record to establish the said fact. Further, the petitioner has a right of appeal before the Cooperative Tribunal under Section 63 of the Andhra Pradesh Cooperative Societies Act. Therefore, this Court is of the view that this writ petition cannot be entertained. 5. Accordingly, this writ petition is dismissed giving liberty to the petitioner to approach the appellate authority i.e. the Cooperative Tribunal for redressal of his grievance. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 2nd September, 2009 Note: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17721 of 2009 (Dismissed) 2nd September, 2009 Note: Furnish CC by three days. (b/o) CBS