THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.4569 OF 2010 Dated 2nd March, 2010 Between: L.Kamal Kishore Jain …Petitioner And The Deputy Commissioner of Prohibition & Excise and two others …Respondents Counsel for the petitioner: Sri P.V.Krishnaiah Counsel for the respondents: AGP for Prohibition & Excise The Court made the following ORDER: In this writ petition, the petitioner has questioned order dated 09.02.2010 passed by respondent No.1, whereby he has confiscated car bearing No.AP28 AN 1424 owned by the petitioner along with 32 foreign liquor bottles, two cell phones and Rs.1,06,100/- in cash. In the view I am proposing to take, it is not necessary to refer in detail to the facts of the case. Under Section 63(2) of the Andhra Pradesh Excise Act, 1968 (for short “the Act”), any person aggrieved by an order passed by the Deputy Commissioner or Collector under the Act is entitled to file an appeal to the Commissioner of Prohibition and Excise. The learned counsel for the petitioner, however, submitted that since the impugned order is passed in violation of principles of natural justice, the petitioner is entitled to invoke the jurisdiction of this Court straightaway without availing the remedy of appeal. A perusal of the record in general and the impugned order in particular shows that the petitioner was given sufficient opportunity to represent his case before respondent No.1 by giving as many as two notices, namely; notices dated 03.11.2009 and 07.01.2010. Indeed in pursuance of the second notice, a counsel has also entered his appearance during the hearing on 06.02.2010. Therefore, in my opinion, this is not a case of no notice. Whether the petitioner was afforded sufficient opportunity or not can be gone into by the appellate authority in the statutory appeal that may be filed by the petitioner. Hence, I am not inclined to entertain this writ petition by permitting the petitioner to bypass the statutory remedy of appeal. The writ petition is, accordingly, dismissed with liberty to the petitioner to file an appeal. As a sequel to dismissal of main petition, WPMP Nos.5886 and 5899 of 2010 filed for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 2nd March, 2010 vrn