IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10381 of 2009 Between: L. Satyanarayana, Son of Hanumantha Rao, Licensee of M/s. Ganesh Restaurant and Bar, Door No. 23B-1-71, Pathebad, Eluru, West Godavari District. ..... PETITIONER AND 1 The Commissioner for Prohibition & Excise, Hyderabad. 2 Deputy Commissioner for Prohibition & Excise, Eluru, West Godavari District. 3 The Prohibition & Excise Superintendent, Eluru, West Godavari District. .RESPONDENTS Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R: In this writ petition, the petitioner assailed order, dated 12.05.2009 passed by respondent No.3, whereby he levied and demanded the sum of Rs.1,61,000/- for the year 2007-08 towards additional licence fee in respect of the petitioner’s bar and restaurant. At the hearing, while the learned Assistant Government Pleader for Prohibition and Excise sought to justify this demand by placing reliance on Rule 10(2) of the Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2005, she fairly conceded that the impugned demand is not preceded by a show cause notice and opportunity to the petitioner to explain against the proposed levy. The law is well settled that any action, which results in adverse civil consequences, shall be preceded by an opportunity to the person, who is likely to suffer such adverse consequences. In the instant case, admittedly, no prior notice has been given to the petitioner. Therefore, the impugned order cannot be sustained in law. The writ petition is therefore, allowed, without going into the merits of the sustainability of levy. Respondent No.3 is given liberty to initiate fresh action and pass an appropriate order after calling for explanation from the petitioner against the proposed levy. C.V.NAGARJUNA REDDY, J Dated 27th July, 2009 vrn