IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7436 of 2008 Between: Y.Sudhakar Reddy, S/o.Y.Konda Reddy, R/o.D.No.12/108, Near Old Bus Stand, Guntakal, Anantapur District,Licensee of M/s Pawan Wines, Pathakothaveruvu Guntakal Mandal. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its District Collector, Anantapur, 2 The Deputy Commissioner for Prohibition and Excise, Anantapur. 3 The Prohibition and Excise Superintendent, Ananthapur. .....RESPONDENTS Counsel for the Petitioner:MR.S.V.RAMANA FOR MR.O.MANOHER REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This writ petition is filed for the following substantive relief: “For the aforementioned reasons, it is prayed that this Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the order of the 2nd respondent passed in Rc.No.55/2008/C1 dated 29.03.2008 and the notification issued by the 1st respondent in G.No.50/2007 dated 27.3.2008 as illegal, arbitrary.” Heard Sri S.V.Ramana, learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. A perusal of the impugned order passed by respondent No.2 shows that the statutory appeal filed by the petitioner was disposed of without notice and opportunity of personal hearing to the petitioner or his counsel. Learned Government Pleader for Prohibition and Excise fairly submitted that a reading of the order does not show that any opportunity of hearing was given by respondent No.2 before disposal of the appeal. In view of the said submission of the learned Government Pleader, the impugned order is set aside. Respondent No.2 is directed to dispose of the appeal after giving an opportunity of personal hearing to the petitioner. Till the disposal of the appeal, the respondents shall not auction the shop in question. This order will not preclude the respondents from making alternative arrangements for sale of liquor in accordance with the relevant rules. The writ petition is accordingly allowed. C.V. NAGARJUNA REDDY, J 4th APRIL, 2008 kvni