HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NOS. 23678 & 23682 OF 2011 Tuesday, the Twenty Third day of August, Two Thousand and Eleven Between S.Anjaneyulu Goud Petitioner in WP 23678/2011 S.Mallaiah Goud Petitioner in WP 23682/2011 AND The Prohibition and Excise Superintendent, Nagarkurnool, Nagarkurnool Mandal, Mahabubnagar District Respondent in both the W.Ps. ORDER: These two writ petitions are preferred against the order of suspension passed by the respondent against the licencees of each of the shops on the ground that the toddy was prima facie found to be adulterated. These two writ petitions are filed by contending that under the proviso to Sec.31(1) of the A.P. Excise Act, 1968, prior notice is necessary before passing such an order. I am not persuaded to accept the said contention inasmuch as, in my view, suspension referred to in the proviso is in the nature of final order and does not refer to suspension pending enquiry. Learned counsel for the petitioner has fairly placed a judgment of this court A.Subbarami Reddy Vs. Prohibition Excise Superintendent ([1]) wherein a learned Single Judge of this court also expressed the same view relying upon the ratio of a Full Bench judgment of this Court Tappers Cooperative Society, Maddur Vs. Superintendent of Excise, Mahaboobnagar (1984(1) ALT 66). Following the same, the impugned order of suspension cannot be interfered with. However, the respondents are bound to give notice and opportunity to the petitioner against the said prima facie conclusions reached against him and the petitioner shall have to be provided with adequate opportunity to file replies and participate in the enquiry. The respondents shall thereafter consider the reply and pass appropriate final orders without unnecessary loss of time and in any case, within four weeks from the date of filing of reply to the show cause notice, as directed above. The writ petitions are accordingly disposed of. No order as to costs. ______________________ Justice Vilas V.Afzulpurkar August 23, 2011 Copy in two days //BO// MAS [1] 2007(5) ALT 428