THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19186 of 2009 DATE:10.09.2009 Between: E. Gangadharappa ... Petitioner and The Government of Andhra Pradesh, represented by its Prohibition and Excise Superintendent, Ananthapur, Ananthapur District. ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19186 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the proceeding No.221/2009/A2 dated 20.08.2009 issued by the respondent suspending his licence, and consequently, to restrain the respondent from interfering with the sale of toddy by him. 2. The case of the petitioner, in brief, is that he is having a licence to sell toddy in Gollapuram village, Hindupur Mandal, Ananthapur District and has been selling the same since decades without any complaint whatsoever from anybody. It appears, the Prohibition and Excise Superintendent, Ananthapur District – respondent conducted a raid and found one person by name E. Lakshmipathi in possession of a can of 35 litres of toddy and selling the same without licence and he seized the stock. During the course of enquiry, said E.Lakshmipathi revealed that he is carrying on the business on his (petitioner) instructions. On the basis of the statement given by E.Lakshmipathi, a case in crime No.342-2009-10 was registered against him and E.Lakshmipathi on 15.08.2009 for the offences punishable under Sections 34 (a) of the A.P. Excise Act, 1968 r/w 8(c) and 22 of the N.D.P.S. Act, 1985 for violation of conditions of the licence by selling toddy adulterated with Diazempam. Subsequently, he issued a show cause notice in Rc.No.221/2009/A2, dated 20.08.2009 for cancellation of his licence. On the same day, he also issued proceedings in Rc.No.221/2009/A2, dated 20.08.2009, suspending his licence. To the show cause notice, he gave a detailed explanation narrating the facts. But so far the respondent has not passed any order thereon. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 4. As the petitioner has properly responded by offering his explanation to the show cause notice dated 20.08.2009 and the same is pending with the respondent, this Court is of the view that this writ petition can be disposed of with a direction to the respondent to complete the enquiry at the earliest. 5. Accordingly, this writ petition is disposed of directing the respondent to complete the enquiry and pass necessary orders as to whether the petitioner had violated any of the conditions of the licence or not, within a period of four (4) weeks from the date of receipt of a copy of this order. No order as to costs. __________________________________ GOPALA KRISHNA TAMADA, J 10th September, 2009 Note: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19186 of 2009 (Disposed of) 10th September, 2009 Note: Furnish CC by three days. (b/o) CBS