The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.28744 of 2011 Date: 27.10.2011 Between: A.Raghurami Reddy ..... Petitioner AND The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue (Excise), Secretariat Buildings, Hyderabad and 3 others. .....Respondents Counsel for the Petitioner: Mr.K.Rathangapani Reddy Counsel for respondent Nos.1 to 3: AGP for Prohibition & Excise Counsel for respondent No.4: ----- The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in seeking to invoke the bank guarantee bearing No.359/10-11, dated 26-06-2010, for a sum of Rs.18,77,668/-, as illegal and arbitrary. The petitioner was an A4 licensee for sale of liquor. Initially, his license was suspended by order, dated 21-07-2011, of respondent No.3. Later, the license was cancelled by respondent No.3 vide order in Rc.No.A5/272/2011, dated -09-2011, which was served on the petitioner on 14-09-2011. The petitioner filed an appeal before respondent No.2 against the said order of cancellation. Respondent No.2 has taken the said appeal on file and vide proceedings in Rc. No.A1/127/2011, dated 11-10-2011, he has informed the petitioner that the date of hearing of the appeal is fixed for 27-10-2011 at 11 a.m. The petitioner feels aggrieved by the action of respondent No.3 in seeking to invoke the bank guarantee even when the appeal is pending. Inasmuch as the fact of pendency of appeal is not in dispute and the date for hearing the appeal is fixed, it would be in the interest of justice that the bank guarantee is not invoked till disposal of the appeal. Accordingly, respondent No.3 is restrained from invoking the bank guarantee till respondent No.2 disposes of the appeal filed by the petitioner. Respondent No.2 shall dispose of the appeal filed by the petitioner as expeditiously as possible and the petitioner shall also co-operate with respondent No.2 in disposing of the appeal without taking unnecessary adjournments. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP.No.35537 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 27th October, 2011 LUR