THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.10928 OF 2010 ORDER The petitioner, who is a TFT licensee of toddy shop, suffered impugned proceedings of suspension of license, dated 25.3.2010 issued by the Prohibition & Excise Superintendent, Sangareddy. Challenging the proceedings, this writ petition is filed by the petitioner. While admitting the writ petition on 5.5.2010, this Court granted interim suspension of the said suspension proceedings after noticing that the petitioner’s license was suspended under the impugned proceedings for the rest of the period of licence. The learned Government Pleader has filed a counter and seeks vacation of the interim order dated 5.5.2010 and submits that on account of suspension of the impugned proceedings dated 25.3.2010 the respondents are unable to move further in the matter though they have received chemical analysis report etc. The learned Counsel for the petitioner submits that the suspension of the suspension proceedings was rightly granted by this Court and it does not deserve any interference. I have heard the learned Counsel on either side. With their consent, this writ petition is being disposed of by this order. The petitioner was, prima facie, found to have indulged in adulteration and under the incidental powers of the respondent- licensing authority, the suspension of licence was ordered. Whether a notice prior to such suspension is required to be issued was negatived by a Full Bench in TAPPERS COOPERATIVE SOCIETY, MADDUR v. SUPERINTENDENT OF EXCISE, MAHABOOBNAGAR[1]. However, that question need not be addressed, as present advised, as the suspension of licence was suspended by this Court on 05.05.2010 and the petitioner has been carrying on business. Balance of convenience, therefore, lies in favour of the petitioner. At the same time, the respondent-authorities ought to be left free to proceed further in the matter by treating the said suspension as interim suspension. The respondents shall give appropriate notice of the prima facie findings against the petitioner giving an opportunity to the petitioner to file his reply and conduct enquiry and pass final orders in the matter, within four weeks from the date of receipt of a copy of this order. Till the respondents pass appropriate orders, the interim suspension of the suspension proceedings granted by this Court will operate so far as permitting the petitioner to carry on business. The petitioner is at liberty to raise all the pleas and grounds available to him as per law before the respondent-authority. The writ petition is disposed of accordingly. No costs. ______________________ VILAS V. AFZULPURKAR,J Dated: 24.8.2011 Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.10928 OF 2010 24.8.2011 [1] 1984(1) ALT 66