THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14778 of 2008 Dated:30.11.2010 Between: Katta Subrahmanyam .. Petitioner And Panchayat Secretary, Kadiyam Gram Panchayat, Kadiyam Village, Kadiyam Mandal, East Godavari District .. Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14778 of 2008 ORDER: Heard learned counsel for the petitioner and learned Standing Counsel for the respondent. This writ petition has been filed seeking writ of mandamus in declaring the action of the Kadiyam Gram Panchayat – respondent herein, in trying to remove the petitioner’s Pan Shop under Licence No.75/07-08, situated in Kadiyam Village and Mandal, East Godavari District, without following due process of law, as illegal and arbitrary. The case of the petitioner is that he has setup a Pan Shop in Kadiyam Village and Mandal for his livelihood and obtained licence to run the said shop. The grievance of the petitioner is that the respondent threatened him to remove the said shop, without issuing any notice to him. The respondent has filed a counter affidavit stating that the petitioner is misusing the shop by conducting business of illicit arrack. It is also submitted that a written complaint was received from the women folk of the village against the petitioner’s business. It is further submitted that the petitioner has no right to snatch the land and indulge in illegal activities. The respondent has also filed a copy of the representation, dated 18.06.2008, made by the women folk of the village. Learned counsel for the petitioner contends that the shop was sought to be closed without notice to the petitioner and without following due process of law. The said contention cannot be accepted in the facts and circumstances of the case. The petitioner admitted that he was selling illicit arrack in his shop. He has also admitted that he gave an undertaking, dated 04.07.2008, before the respondent, in which he also pleaded mercy and assured his good conduct in future. Evidently, the petitioner has indulged in conducting prohibitory business in the shop in respect of which the petitioner has no legal right. He therefore does not deserve the exercise of discretionary jurisdiction of this Court under Article 226 of the Constitution of India. The writ petition is, accordingly, dismissed and the interim order granted on 10.07.2008 and extended on 24.07.2008 shall stand annulled. There shall be no order as to costs. ________________ NOUSHAD ALI, J 30.11. 2010 KH