THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 9641 of 2004 Between: M/s.Gowda Wines II-24, License at Warangal, rep.by its Licencee Godyasyalam Shyam, S/O Shankaraiah,aged 30 years, Business, Ramannapet, Warangal. ..... PETITIONER AND 1 The Commissioner of Prohibition & Excise, A.P.Nampally,Hyderabad. 2 The Prohibition & Excise Superintendent, Warangal Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the impugned order passed in C.R.No.3264/2004/CPE/G1-1 dt.27-4-2004 to the extent of levy of compound fee for Rs.1,00,000/- instead of the maximum levy of compound fee of Rs.10,000/- fixed under sec.47 is illegal void abinitio and may be further declare that the 1st respondent has no jurisdiction to levy of compound fee of Rs.1,00,000/- for compound the violation alleged against the petitioner in the interest of justice and equity. For the Petitioner: MR.A.RAVINDER, Advocate. For the Respondent s.: GP FOR PROHIBITION & EXCISE The Court at the admission stage made the Following : ORDER: This writ petition is filed by the petitioner aggrieved by the orders of the first respondent imposing a sum of Rs.1,00,000/- as compounding fee with reference to the alleged violations of conditions of license. 2. According to the petitioner, the maximum compounding fee imposable in terms of section 47 of the A.P.Excise Act is only a sum of Rs.10,000/- and not Rs.1,00,000/-. Therefore, the amount of Rs.1,00,000/- imposed by the respondents is illegal and without any jurisdiction. 3. At the time of hearing it is represented that as per the interim order of this Court, the petitioner has already paid Rs.10, 000/- which was the maximum fine amount prescribed under Section 47 of the A.P.Exise Act as compounding fee. 4. In the light of the above said specific provision where the maximum compounding fee was fixed at Rs.10,000/-, the impugned order of the first respondent is modified, fixing the compounding fee at Rs.10,000/- (Rupees Ten Thousand only) instead of Rs.1,00,000/- as fixed by the first respondent. To that extent the order of the first respondent is modified. 5. The writ petition is, accordingly, allowed to the extent indicated above. No costs. Dt. 28.06.2004 Dvs/kvh ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER. To 1 The Commissioner of Prohibition & Excise, A.P.Nampally, Hyderabad. 2 The Prohibition & Excise Superintendent, Warangal Dist. 3. Two CCs to GP for Prohibition & Excise, High Court of A.P.Buildings, Hyderabad.(OUT). 4. Two CDs.