HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.1964 of 2011 Date: February 9, 2011 Between: R. Srinivas, S/o.Ram Mallaiah, Aged about 28 years, Occ: business, R/o.Jangaon, licencee of M/s.Kuldeep Wines, Cherial, Warangal District … Petitioner And Government of Andhra Pradesh, Revenue (Ex.II) Department, Secretariat, Hyderabad, represented by its Principal Secretary and others … Respondents Order: Petitioner is a licencee for sale of Indian Made Foreign Liquor and Foreign Liquor by Shop vide licence No.787/2010-2012 dated 12-07-2010. His licenced premises is at Cherial, Warangal District. On the ground that non-duty paid liquor was found and seized along with duty-paid stock in the un-licenced premises of the petitioner, the licencing authority has cancelled his licence vide proceedings dated 25-01-2011 in Rc.No.8/2010/P&E/A2. The impugned proceedings are issued, in exercise of powers under Section 31(1) (b) of the Andhra Pradesh Excise Act, 1968 (for short, ‘the Act’) referring to show-cause notice dated 10-01-2011 stated to have been issued to the petitioner and by recording a finding that as there is refusal to receive show-cause notice by the family members of the petitioner; as such it was posted to the door of the licenced premises of the petitioner. Heard learned counsel for petitioner and learned Assistant Government Pleader for Prohibition and Excise appearing on behalf of respondents. It is the case of the petitioner that the impugned proceedings is not preceeded by any show-cause notice and hence his licence ought not to have been canceled without affording him any opportunity to put-forth his case. On obtaining instructions, it is submitted by learned Assistant Government Pleader that show-cause notice was pasted at the licenced premises of the petitioner as there was refusal to receive the same by his family members when attempt was made to serve the same at his residential address in Jangaon. A copy of the Panchanama which is stated to have been drafted at the time of pasting the notice in front of the licenced premises of the petitioner is placed before this court. When the matter came up on the last occasion, it was adjourned so as to place before this court record relating to cancellation proceedings. I have perused the note file bearing Rc.No.8/2010/P&E/A-2. In the note file, it is noted that show-cause notice is pasted on the main door of the A-4 shop of the petitioner by conducting Panchanama on 17-01-2011. The same is recorded in the note file on 25-01-2011. I have also perused the Panchanama, which reveals that an attempt is made to serve show-cause notice on the petitioner at his residential address at Jangaoan, which is stated to be about 22 kms away from the licenced premises of the petitioner. In the Panchanama it is stated that as there was refusal to receive notice by the members of the family of the petitioner, Panch witnesses along with the officer concerned went to the licenced premises of the petitioner and conducted Panchanama in proof of pasting show- cause notice to the licenced premises. Section 31 of the Act empowers the licencing authority to cancel or suspend licence. As per the proviso to Section 31(e), no licence or permit shall be cancelled or suspended unless the holder thereof is given an opportunity of making his representation against the action proposed. However, there is no specific rule which prescribes the procedure to be followed for service of notice on the licencee. But, at the same time, in absence of such rule, there is no reason for not making an attempt to send notice by way of registered post to the address of the petitioner. In the instant case, although it is stated that show-cause notice is pasted to the licenced premises of the petitioner, there is no endorsement made to the effect that either the family members of the petitioner or the petitioner himself refused to receive the show-cause notice. Notice can also be served by pasting the same in front of the last known addresses or the business premises of the licencee provided there is an attempt initially to serve the same by way of registered post but the licencee has evaded it. It is not in dispute that no attempt has been made to serve show-cause notice on the petitioner by way of registered post and without doing the same impugned proceedings is issued canceling his licence. In that view of the matter, this court is of the view that unless the petitioner is put on notice and show-cause notice is served on him, by adopting the procedure which is known to law, i.e. by way of registered post, no proceedings could have been issued canceling hic licence unilaterally. For the foregoing reasons, I hereby set-aside proceedings dated 25-01-2011 issued in Rc.No.8/2010/P&E/A2 by the fourth respondent- Prohibition and Excise Superintendent, Warangal and remit the matter to the licencing authority for fresh consideration. As the petitioner himself has filed a copy of the show-cause notice dated 10-01-2011, I permit the petitioner to file his explanation to the said show-cause notice within two weeks from today. On petitioner filing his explanation, the fourth respondent-Prohibition and Excise Superintendent, Warangal shall consider the same and pass appropriate orders. It is made clear that if no explanation is filed as indicated above, it would be open to the licencing authority to pass orders in accordance with law. Writ petition is allowed to the extent indicated above. There shall be no order as to costs. ___________________ (R. SUBHASH REDDY, J) February 9, 2011 MRR