IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE THIRTY FIRST DAY OF JULY, TWO THOUSAND NINE WRIT PETITION No.11763 of 2009 Between: M/s.Bhavani Wines, reptd., by its Owner-Sri K.Venkataiah Goud, S/o.K.Basaiah, 38yrs, Business, Makthal village and Mandal, Mahabubnagar District. … Petitioner And: The State of A.P., reptd., by its Principal Secretary, Prohibition and Excise Depot, Secretariat, Hyderabad and three others. … Respondents Counsel for the Petitioner: Sri P.Roy Reddy. Counsel for the Respondents: AGP for Prohibition & Excise for R.1 to R.3. None for R.4. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for setting aside order dated 4-6-2009 of respondent No.2, whereby the petitioner's A.4 license was suspended on the ground that it was located within the prohibited distance under Rule 27(3) of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licenses) Rules, 2005. The main ground on which the petitioner questioned the said order was that the show-cause notice, which purports to bear date 4-6-2009, was not served on it. However, in the counter-affidavit filed by respondent No.2 it is, inter alia, stated that the show- cause notice was served on the petitioner under acknowledgment on 25-5-2009. The petitioner has not disputed this averment contained in the counter- affidavit. In view of the same, I do not find any merit in the contention of the petitioner that the order of suspension was passed in violation of the principles of natural justice. In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner to avail its remedy in accordance with law. --------------------------------------- -- C.V.NAGARJUNA REDDY, J Date:31-7-2009 MNR