IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 662 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 30/04/2009 in WP NO : 8731 OF 2009 on the file of the High Court.) Between: 1 Srinivas Goud, S/o. Naara Goud, TFT Licence Holders and R/o. Domadugu Village, Jinnaram Mandal, Medak District. 2 K. Anja Goud, S/o. Maisa Goud, TFT Licence Holders and R/o. Domadugu Village, Jinnaram Mandal, Medak District. 3 S. Anja Goud, S/o. Narsa Goud, TFT Licence Holders and R/o. Domadugu Village, Jinnaram Mandal, Medak District. 4 S. Vishwanath Goud, S/o. Chandra Goud, TFT Licence Holders and R/o. Domadugu Village, Jinnaram Mandal, Medak District. 5 K. Srisailam Goud, S/o. Narayana Goud, TFT Licence Holders and R/o. Domadugu Village, Jinnaram Mandal, Medak District. ..... APPELLANTS AND 1 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Excise Bhavan, J.N. Road, Hyderabad. 2 The Deputy Commissioner of Prohibition & Excise, Medak Division, Sangareddy, Medak District. 3 The Superintendent of Prohibition & Excise, Sangareddy, Medak District. 4 The Prohibition & Excise Inspector, Narsapur Excise Station, Medak District. .....RESPONDENTS Counsel for the Appellant: MR.B.SAI RAM GOUD Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Division Bench of this Court made the following : Judgment follows 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 662 of 2009 J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meena Kumari) The writ appeal is filed questioning the order dated 30-4-2009 passed in WP.No.8731 of 2009 by the learned single Judge, whereby the learned single Judge dismissed the writ petition as not maintainable on the ground that the appellants-writ petitioners are said to have already submitted their explanations on 24-04-2009 to the show cause notice and directed the Superintendent of Prohibition and Excise, Sanga Reddy to consider their explanations and pass appropriate speaking orders in accordance with law. 2. The main writ petition was filed to declare the action of the third respondent in issuing impugned proceedings vide Cr.No.B3/108/2009, dated 08-4-2009 suspending the petitioners licences bearing No.118/1 to 118/5 in respect of toddy shop at Domadugu village of Jinnaram Mandal of Medak district as illegal, arbitrary and violative of principles of natural justice and consequently to direct the respondents to allow the writ petitioners to carry on the toddy business in their respective TFT counters. 3. When the matter came up for admission and hearing, Sri B.Sai Ram Goud, the learned counsel for the appellants-writ petitioners submitted that the appellants have submitted their explanation on 24-4-2009 to the show cause notice dated 09- 4-2009 issued by the Superintendent of Prohibition and Excise, Sanga Reddy, calling upon them to show cause as to why their TFT licences should not be suspended for the rest of the lease period under sections 31 (1) (b) and 37 of the A.P. Excise Act but the same is pending. 4. Having heard the learned counsel for the appellants as well as the learned Government Pleader for Prohibition and Excise, we deem it appropriate to direct the third respondent - Superintendent of Prohibition and Excise, Sanga Reddy, Medak district, to pass appropriate orders on the representation dated 24-4-2009 submitted by the appellants on merits and in accordance with law, positively within a period of four weeks from the date of receipt of a copy of this order if not already disposed of. 5. With the above direction, the writ appeal is disposed of at the stage of admission. No costs. _________________________ JUSTICE T.MEENA KUMARI ____________________ JUSTICE SANJAY KUMAR 02-6-2009. I s L NB: Furnish CC in two days. B/o. I s L