> ‘ APHC010336002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17018 OF 2025 Between: Payyavula Venu, S/o. Anjaneyulu, aged about 28 years, R/o. Pamidipadu Agraharam Village, Narasaraopet Mandal, Palnadu District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue (Excise) Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner of Prohibition AND Excise, Andhra Pradesh, 3RD Floor, IHC Corporate, RTC Depot Road, Mangalagiri, Guntur District. 3. The Deputy Commissioner of Prohibition AND Excise, Guntur, Guntur District. 4. The District Prohibition AND Excise Officer, Narasaraopet, Palnadu District, A.P. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents more particularly Respondent No.4 in issuing the impugned Show Cause Notice vide Rc.No.PLD/07/2024-26/B1 dated 31.05.2025 simply basing on a unanimous adverse news item which published in Sakshi newspaper on 31.05.2025 with bold allegations to the Petitioner directing to show cause as should not be suspended within 15 days from the date of \ to why the license receipt of notice as illegal, unjust, arbitrary and against the principles of natural justice and in violation of Articles Constitution of India and against the rules prescribed under the A.P. Excise 14, 19, 21 and 300-A of the (Amendment) Act, 2020 and consequently set aside the same and direct the Respondents not to take any adverse steps against the Petitioner's license vide No. PLD/07/2024-26. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order by suspending the impugned Show Cause Notice vide Rc.No.PLD/07/2024-26/B1 dated 31.05.2025 issued by the Respondent No.4 to the Petitioner, until disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent No’s. 1 to 4: GP FOR PROHIBITION & EXCISE The Court made the following order: APHC010336002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17018/2025 Between: 1 PAYYAVULA VENU, S/O. ANJANEYULU, AGED ABOUT 28 YEARS, NARASARAOPET R/0. PAMIDIPADU AGRAHARAM VILLAGE MANDAL, PALNADU DISTRICT, A.P. ...PETITIONER AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRl. SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHl. 2.THE COMMISSIONER OF PROHIBITION AND EXCISE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT PROHIBITION AND NARASARAOPET, PALNADU DISTRICT, A.P. 3RD FLOOR, IHC CORPORATE, RTC DEPOT ROAD, EXCISE OFFICER ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue any writ, order or Direction more particularly one the nature of writ of Mandamus declaring the action of the Respondents more particularly Respondent No.4 in issuing the impugned Show Cause Notice vide Rc.No.PLD/07/2024-26/B1 dated 31.05.2025 simply basing on a in M 2 unanimous adverse news item which published in Sakshi newspaper on 31.05.2025 with bold allegations to the Petitioner directing to show to why the license should not be suspended within 15 days from the date of receipt of notice as illegal, unjust, arbitrary and against the principles of natural justice and in violation of Articles Constitution of India and against the rules prescribed under the A.P. Excise (Amendment) Act, 2020 and consequently set aside the same and direct the Respondents not to take any adverse steps against the Petitioner's license vide No. PLD/07/2024-26 and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased Pleased to pass an interim order by suspending the impugned Show Notice vide Rc.No.PLD/07/2024-26/B1 dated 31.05.2025 issued by the Respondent No.4 to the Petitioner, until disposal of the above writ petition pass Counsel for the Petitioner: 1.SRINIVASA RAO NARRA Counsel for the Respondent{S): 1.GP FOR PROHIBITION EXCISE The Court made the following: cause as 14. 19, 21 and 300-A of the in the affidavit filed in Cause and 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17018/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No. 4 In issuing the Rc.No.PLD/07/2024-26/B1 dated 31.05.2025 simply basing on. a unanimous adverse news item which published in Sakshi newspaper on 31.05.2025 with bold allegations to the petitioner directing to show cause as to why the license should not be suspended within 15 days from the date of receipt of notice as illegal, unjust, arbitrary and against the principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and against the rules prescribed under the A.P. Excise (Amendment) Act, 2020 and consequently set aside the same and direct the Respondents not to take any adverse steps against the Petitioner's license vide No. PLD/07/2024-26 and pass such other order. ” impugned Show Cause Notice vide 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that pursuant to the news item published in Sakshi Tetugu Daily, the 4'^ respondent issued show-cause notice dated 31.05.2025 against the petitioner alleging that the petitioner is violating the A.P. Excise Act (Grant of License of Selling by Shop (Premium Store) and Conditions of License) Rules, 2024 (herein after referred to as Rules, 2024) and called for explanation. 4. Learned counsel for the petitioner further submits that without conducting any enquiry in the absence of any complaint the part of any citizen on the guise of news item published in Sakshi Telugu Daily, the 4*'^ respondent issued show-cause notice which is contrary to Act and Rules made thereunder. on 5. On the other hand, learned Government Pleader for the respondents submits that the news items published in Sakshi Telugu daily itself is a cause of action and the authority concerned has to monitor and has to supervise whether the licensee holder is following the Rules of licensee or not. Excise Rule 13 of G.O.Ms.No.285 dated 10.12.2024 and Rule 37 of Rules, 2024 contemplates that an A4 licensee is strictly prohibited from supplying or selling Indian Made Foreign Liquor (IMFL) to any person who has not attained the age of 21 years. Therefore, pursuant to the news items published in the daily news paper, the 4'^ respondent taken suo-motu contempt and issued show-cause notice for violation of Rule 37 of Rules, 2024. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that a news item was published in Sakshi Telugu Daily, wherein it is stated that the petitioner is supplying IMFL to the people 5 who are aged about 18 years, contrary to Rule 37 of Rules, 2024. As contended by the learned counsel for the petitioner that the show- cause notice does not revealed whether after publishing the subject news item, the 4'^ respondent conducted a detailed enquiry or not is a valid reason to be considered. The 4*'^ respondent while issuing show-cause notice has to specify whether any violation of Rules was committed by the petitioner or not, after conducting enquiry pursuant to the news item published in Telugu Daily. It seems that an enquiry was conducted with the police, but not with the licensee to ascertain the age of the person who purchased the IMFL. 7. In view of the reasons stated above, this Court is of the considered view the present Writ Petition can be disposed of directing the petitioner to submit a detailed explanation as requested by the 4'^ respondent, within a period of one(1) week from the date of receipt of copy of this Order. After such submission, respondent No.4 is directed to consider the same and pass appropriate orders, after conducting a detailed enquiry with the petitioner as well as the parties concerned, within a period of four(4) weeks thereafter. In the meanwhile, the respondents are directed not to take any coercive steps against the petitioner. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- B PRASADA RAO ASSISTANT S^GiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Revenue (Excise) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner of Prohibition AND Excise, Andhra Pradesh, 3 Floor, IHC Corporate, RTC Depot Road, District. 3. The Deputy Commissioner of Prohibition AND Excise Guntur District. 4. The District Prohibition AND Excise Officer, Narasaraopet, Palnadu District, A.P. 5. One CC to SRI. SRINIVASA RAO NARRA, Advocate [OPUC] 6. Two CCS to GP FOR PROHIBITION & EXCISE High Court of Andhra Pradesh [OUT] 7. Three CD Copies rd Mangalagiri, Guntur Guntur, PRK HIGH COURT DATED:09/07/2025 ORDER WP NO. 17018 OF 2025 DISPOSING OF THE WP, WITHOUT COSTS