IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12631 of 2009 Between: B. Dhana Reddy S/o. Late Narasimha Reddy Licensee of M/s. Sri Sai Pooja Restaurant and Bar, Door No. 1-56-19/1, Sector-I, MVP Colony, Visakhapatnam. ..... PETITIONER AND 1 The Commissioner for Prohibition and Excise, Hyderabad. 2 Deputy Commissioner for Prohibition and Excise, Visakhapatnam. 3 The Prohibition and Excise Superintendent, Visakhapatnam. .....RESPONDENTS Counsel for the Petitioner: MR.A.JAGANNATHA RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: In this Writ Petition, the petitioner assailed order, dated 28.05.2009 passed by respondent No.3, whereby he levied and demanded a sum of Rs.2.07 lac for the year 2007-08 towards additional licence fee in respect of the petitioner’s bar and restaurant. At the hearing, while the learned Assistant Government Pleader for Prohibition and Excise sought to justify this demand by placing reliance on Rule 10(2) of the Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2005, she fairly conceded that the impugned demand is not preceded by a show cause notice and opportunity to the petitioner to explain against the proposed levy. The law is well settled that any action, which results in adverse civil consequences, shall be preceded by an opportunity to the person, who is likely to suffer such adverse consequences. In the instant case, admittedly, no prior notice has been given to the petitioner. Therefore, the impugned order cannot be sustained in law. The Writ Petition is, therefore, allowed, without going into the merits of the sustainability of levy. Respondent No.3 is given liberty to initiate fresh action and pass an appropriate order after calling for explanation from the petitioner against the proposed levy. ___________________________ (C.V.NAGARJUNA REDDY, J) 29th June, 2009 lur