IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3355 of 2009 Between: 1 M/s. Sherad Laboratories, Patelguda, Ibrahiampatnam Mandal, Ranga Reddy District, Rep. by its Proprietor N. Damodar Reddy, Rep. by his G.P.A. Holder N. Narendar Reddy 2 N. Narendar Reddy S/o. N. Damodar Reddy R/o. H.No.17-1-389/13/A, Prasanth Nagar, Saidabad, Hyderabad. ..... PETITIONERS AND The Commissioner, Prohibition & Excise, Hyderabad. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in passing the impugned order in Cr.No.10690/08/CPE/B1 dt.11-2-2009 as arbitrary illegal, and violative of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India. Counsel for the Petitioners: MR.A.KRANTI KUMAR REDDY Counsel for the Respondent: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3355 of 2009 ORDER: This writ petition is filed questioning the order dated 11.02.2009 passed by the respondent- Commissioner of Prohibition and Excise, A.P., Hyderabad, whereunder the R.S.III license held by the 1st petitioner was suspended, pending enquiry, on the allegation that it was involved in smuggling Spirit to Tamilnadu State. Today, when the matter came up for hearing, learned Government Pleader appearing for the respondent, on instructions, submits that subsequent to passing of the impugned order, the respondent issued a show-cause notice to the 1st petitioner on 27.02.2009, calling upon it to submit its explanation as to why the license held by it for the year 2008-09 should not be cancelled under the provisions of Section 31 of the A.P. Excise Act, 1968, and granted ten days time to the 1st petitioner for submitting its explanation. A copy of the said show cause notice is placed before this Court. In view of the above, the writ petition is disposed of directing the 1st petitioner to submit its explanation to the show-cause notice dated 27.02.2009 issued by the respondent and invite an order from the respondent. However, if there is an adverse order by the respondent, the petitioners are at liberty to challenge the same in appropriate proceedings. There shall be no order as to costs. _________________ JUSTICE N.V. RAMANA 3rd March, 2009 IBL