THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8655 of 2010 Dated:16th June, 2010 Between: M/s. T.J. Cellulose (P) Limited rep. by its Managing Director K.Thulasiram. ….Petitioner and The Commissioner of Prohibition and Excise, Andhra Pradesh, Nampally, Hyderabad. …Respondent **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8655 of 2010 ORDER: This Writ Petition has been filed by M/s. T.J. Cellulose (P) Limited, a Company registered under the Companies Act, 1956, represented by its Managing Director K.Thulasiram, with a prayer to issue a writ or direction or order, especially in the nature of writ of Certiorari to quash the order dated 08.03.2010 in Cr.No.10865/2009/CPE/BI passed by the Commissioner of Prohibition and Excise, Hyderabad-respondent. 2. The case of the petitioner as set out in the affidavit filed in support of the Writ Petition, in brief, is as follows: The petitioner is a private limited company engaged in the business of manufacturing Sodium Corbozy Methyl Cellulose and Polyonic Cellulose for the manufacture of which rectified spirit (impure spirit) is the main raw material. The petitioner Company holds a licence in Form RS.III issued under A.P. Rectified Spirit Rules, 1971. The Commissioner of Prohibition and Excise is the licensing authority under the A.P. Rectified Spirit Rules, 1971. The petitioner is entitled for supply of 3,00,000 bulk litres of impure spirit and authorized to manufacture Sodium Corbozy Methyl Cellulose and Polyonic Cellulose. The entire consignment allotted to the petitioner is under the control of the Sub-Inspector of Prohibition and Excise. The Sub- Inspector of Prohibition and Excise keeps the registers in RG II, Issue Book and Calibration Book for regulating and supervising the supply of rectified spirit to the petitioner. The Sub-Inspector of Prohibition and Excise releases the spirit from VAT after making relevant entries in the registers maintained by him. The Inspector of Prohibition and Excise, Chittoor Urban, registered a case in Crime No.310 of 2009-10 on 09.09.2009 against 5 persons. The Managing Director of the petitioner Company has been arrayed as A4 in the said crime. The Managing Director of the petitioner company filed an application vide Crl.M.P.No.1495 of 2009 before the District and Sessions Judge, Chittoor, for anticipatory bail. The said application came to be allowed granting anticipatory bail. Whileso, the Commissioner of Prohibition and Excise, Hyderabad-respondent suspended the RS III Licence held by the petitioner. The respondent also served a show-cause notice in Crime No.10865/2008/CPE/B1, dated 29.10.2009 calling upon the petitioner to submit explanation as to why RS III licence held by it should not be cancelled under Section 31 of the A.P. Excise Act, 1968, within 10 days. The petitioner challenged the order of the respondent, dated 29.10.2009, by filing W.P.No.27984 of 2009. The said writ petition came to be disposed of on 30.11.2009 directing the respondent to complete the enquiry and pass appropriate orders, in accordance with law, at the earliest, preferably within a period of 8 weeks from the date of receipt of a copy the order. The petitioner submitted explanation on 20.11.2009 to the show-cause notice issued by the respondent. The respondent passed an order dated 08.03.2010 vide Cr.No.10865/2009/CPE/B1, copy of which has been served on the petitioner on 22.03.2010. Assailing the said order, the petitioner filed this Writ Petition. 3. When the Writ Petition came up for admission on 19.04.2010, learned Asst. Government Pleader for Prohibition and Excise received notice on behalf of the respondent and sought for time for production of relevant record. On 26.04.2010 the learned Government Pleader for Prohibition and Excise appearing for the respondent sought time to place on record serving copy of the report of the Deputy Commissioner of Prohibition and Excise, Chittoor, on the petitioner. Though time has been allowed to the learned Government Pleader, no material has been placed before me that the report of the Deputy Commissioner of Prohibition and Excise, Chittoor in Rc.No.400/2009/A, dated 15.09.2009, has been served on the petitioner. 4. Heard Sri S.Ravi, learned Senior Counsel appearing for the petitioner and learned Asst. Government Pleader for Prohibition and Excise appearing for the respondent. 5. Sri S.Ravi, learned Senior Counsel appearing for the petitioner submits that the Commissioner of Prohibition and Excise, Hyderabad- respondent passed the order impugned in the Writ Petition mainly relying on the report of the Deputy Commissioner of Prohibition and Excise, Chittoor, dated 15.09.2009, without serving the copy of the said report on the petitioner. 6. This factual aspect of non-serving the copy of the report, dated 15.09.2009, of the Deputy Commissioner of Prohibition and Excise, Chittoor, on the petitioner, on which much reliance has been placed, is not contradicted by the learned Asst. Government Pleader for Prohibition and Excise appearing for the respondent. 7. In that view of the matter, the Writ Petition is allowed and the order dated 08.03.2010 in Cr.No.10865/2009/CPE/BI passed by the Commissioner of Prohibition and Excise, Hyderabad-respondent, is quashed reserving liberty to the respondent to pass fresh orders after serving the copy of the report of the Deputy Commissioner of Prohibition and Excise, Chittoor, dated 15.09.2009, on the petitioner. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:16th June, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.8655 of 2010 Dated:16th June, 2010