HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.11219 of 2010 Between: K.Anjaneyulu ………Petitioner And The Commissioner for Prohibition and Excise, Hyderabad and 2 others. ………Respondents HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.11219 of 2010 ORDER: This writ petition is filed to declare the proceedings of the 3rd respondent in Roc.No.7/2009/A3-1, dated 27-04-2010 as illegal, arbitrary. 2. It may be noted that the said proceeding is only a show cause notice under which the petitioner has been called upon as to why the 2B licence to run a Bar and Restaurant in the name and style of M/s.Gokul Restaurant and Bar should not be suspended for non-payment of additional enclosure fee for the lease period 2008-09 as per the provisions of Section 31 (1) (b) of the A.P.Excise Act, 1968 (for brevity ‘the Act’). 3. In the said show cause notice, a reference has been made to the undertaking said to have been given by the petitioner while renewing the licence for the lease period 2007 to 2010 that he would pay an amount of Rs.1,85,200/- towards additional licence fee for non contiguous enclosures for consumption of liquor as per the Rules. 4. This writ petition is filed substantially on the premise that there is in fact demand and such demand is not preceded by a notice as per proviso to Section 31 (1) of the Act. Although there is a direction in the show cause notice to pay the aforesaid amount, properly understood in the context, the purport thereof is only a notice providing an opportunity to the petitioner to offer his explanation. In the ultimate analysis, the direction cannot be construed as an order. 5. However, the learned counsel for the petitioner apprehends that in the event of the 3rd respondent treating it as an order, the petitioner would suffer irreparable injury. 6. To alley the apprehension, it is clarified that the notice in Rc.No.7/2009/A3/1, dated 27-04-2010 should be treated only as a show cause notice. The petitioner is at liberty to submit his explanation and the 3rd respondent thereupon is at liberty to pass appropriate orders. In the meanwhile, until the orders are passed, no coercive steps in the matter should be taken against the petitioner. 7. With the aforesaid directions, the writ petition is disposed of. There shall be no order as to costs. ______________ 12th May 2010 kvr/Isn