THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8871 of 2011 ORDER: This writ petition is filed seeking a mandamus declaring the action of the second respondent – Deputy Commissioner, Prohibition and Excise, Warangal Division at Warangal, in not releasing to the petitioner the duty paid stocks, which was seized from his premises on 31.12.2010, as illegal and arbitrary. Petitioner was holding A.4 license governed by the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005, framed under the Andhra Pradesh Excise Act, 1968. His business premises was inspected on 31.12.2010 by the Assistant Prohibition & Excise Superintendent, Enforcement Wing, Warangal. On the ground that he was in possession of non-duty paid liquor, the officers have seized the available duty paid liquor as well as the non-duty paid liquor. On the said allegation, the licensing authority already passed orders for cancellation of his license and that the appeal filed by the petitioner before the second respondent was ended in dismissal vide order, dated 16.03.2011. It is stated that the matter is further carried in appeal before the Commissioner, Prohibition & Excise, Nampally at Hyderabad, and the same is pending. While the things stood thus, the respondents have initiated proceedings to confiscate the stocks and thereby, the second respondent issued notice, dated 07.02.2011, in CR.No.113/2011/PE/B2-1, calling for the petitioner to show cause why the properties seized should not be confiscated. It is stated that the petitioner filed his explanation on 24.02.2011 in reply to the show cause notice. In this writ petition, it is the grievance of the petitioner that the duty paid liquor was seized from his business premises and it would be spoiled, if it is not used in a particular time, as such, he may be given possession of the same so as to sell it through the license holders. Once the license of the petitioner was cancelled and such cancellation was confirmed by the first appellate authority, the petitioner cannot be given possession of the seized duty paid liquor. As the petitioner is apprehending damage for the seized stock and as it is stated that he has already filed explanation to show cause notice, dated 07.02.2011, I deem it appropriate to direct the respondents to pass appropriate final orders in the matter pursuant to notice, dated 07.02.2011, within a period of ten (10) days from today. Further, it is made clear that if there is any commodity, time of which is going to expire for even consumption, I am sure, the authorities will take appropriate steps for sale of such commodity either by auction or by departmentally. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 1st APRIL, 2011. kvni