THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 26162 of 2011 Date: 19.09.2011 Between: D.Sivakesava Reddy, … Petitioners And The Commissioner for Prohibition and Excise, Hyderabad and another. … Respondent THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 26162 of 2011 O R D E R: This writ petition is filed seeking a declaration that the order dated 08.09.2011 passed by the 2nd respondent suspending Form 2-B licence of the petitioner pending enquiry is arbitrary and illegal. Admittedly, a show cause notice dated 02.09.2011 was issued alleging that the petitioner had violated the conditions of licence by keeping the stock outside the licenced premises and conducted sales on dry day outside the licenced premises. It was also alleged that the petitioner had violated Rule 21 and Rule 13(1) of the A.P. Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005. The petitioner submitted his explanation and after considering the same, the impugned order of suspension dated 08.09.2011 came to be passed. I have heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the respondents. The law is well-settled that the power of suspension pending enquiry should not be exercised as an invariable rule or mode of making an enquiry. Before exercising such power, the licensing authority shall be satisfied that such a drastic step is warranted in the facts and circumstances of the case. In the instant case, a show- cause notice was issued and the petitioner in his explanation while denying the allegations further pleaded that the alleged violation was compoundable offence and he was agreeable for compounding. The impugned order shows that the 2nd respondent failed to take into consideration the said plea of the petitioner or any other relevant factors and suspended the license for an indefinite period without assigning any reasons. Since it is evident that the impugned order was passed without application of mind to the relevant factors, I am of the opinion that the matter requires reconsideration. Accordingly, the impugned order dated 08.09.2011 is hereby set aside and the writ petition is disposed of with a direction to the respondents to reconsider the matter and pass appropriate orders afresh in accordance with law. No costs. ______________ G. ROHINI, J Date:19.09.2011 KLP