IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13278 OF 2009 Between: Y. Nehru, S/o. Venkateswara Rao, M/s. Royal Restaurant and Bar D.No. 11-25-46 at Vinnakota Vari Street, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Goernment of Andhra Pradesh, Rep. by its Secretary, Prohibition & Excise Department, Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Hyderabad. 3 The Deputy Commissioner, Prohbition & Excise Department, Vijayawada, Krishna Dsitrict. 4 The Prohibition & Excise Superintendent, Vijayawada, Krishna District. 5 The Station House Officer, Prohbition & Excise P.S., Bhavanipuram, Vijayawada, Krishna Dsitrict. .....RESPONDENT(S) Counsel for the Petitioner: MR.G.V.SHIVAJI Counsel for the Respondents:AGP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This writ petition is filed for issuance of Certiorari to quash proceedings, dated 09-01-2009 of respondent No.3. The petitioner was granted license in Form – 2B for running a Restaurant and Bar. The petitioner’s business premises was inspected by the Prohibition and Excise Inspector and his staff on 08.12.2008 at 11.30 A.M. and found 9 unsealed bottles. Tests carried on the spot with testing kit allegedly showed that the UP strength of the liquor was less than the prescribed strength. Accordingly, a case was registered vide Crime No.44 of 2008-09 under Section 31(1)(b) and (c) read with Section 36(1)(i) of the Andhra Pradesh Excise Act, 1968 (for short ‘the Act’). Show cause notice, dated 09.01.2009 was issued to the petitioner calling upon him to file his explanation against the proposed cancellation of the license. The petitioner pleaded that on receipt of show cause notice, he made an application for compounding the offence under Section 47 of the Act and that the said application is pending. At hearing, the learned Assistant Government Pleader for Excise, on instructions, submitted that the petitioner’s application for compounding the offence is pending. It is conceded by the learned Assistant Government Pleader for Prohibition and Excise that if the offence is compounded under the above provision, the petitioner will not incur the disqualification for getting his license renewed. In view of the fact that the petitioner’s application for compounding the offence is pending, it would be in fitness of things that respondent No.2 should first decide on the said application before respondent No.3 proceeds further in pursuance of the show cause notice issued by him. Accordingly, the writ petition is disposed of with the direction to respondent No.2 to decide on the application of the petitioner for compounding the offence within a period of two weeks from the date of receipt of a copy of this order. Until such decision is taken by respondent No.2, respondent No.3 shall not proceed further in pursuance of the impugned show cause notice. Subject to the decision taken by respondent No.2 on the petitioner’s request for compounding the offence, his application for renewal shall be considered. As a sequel to disposal of main petition, WPMP.No.17241 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J July 8, 2009. Ivd/Kvni