V ' APHC010375682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY ‘ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18973 OF 2025 Between; Dwarampudi Ramakrishna, S/o. Veerraju, Licensee of M/s. Suji Restaurant and Bar, D.No 71-1-6/2, Behind HP Petrol Bunk, District. Aged about 40 years, Occ Batthina Nagar, Lalacheruvu, Rajamahendravaram East Godavari ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Excise-ll) Revenue Department, Secretariat, Velagapudi, Amaravathi, District. 2. The Commissioner of Prohibition and Excise, Government of Pradesh, Vijayawada, Krishna District. 3. The Deputy Commissioner of Prohibition and Excise, Kakinada, East Godavari District. 4. The District Prohibition and Excise Officer, Rajamahendravaram Godavari District. 5. The Sub Guntur Andhra East Inspector, Prohibition and Rajamahendravaram, East Godavari District. Excise(Enforcement), ...RESPONDENTS 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the order of 3 respondent issued in RC.No.B2/448/2022 dated 10.07.2025 as illegal, arbitrary and in violation of principles of natural justice without jurisdiction and consequently direct the 3' petitioner to conduct the business. respondent to permit the lA NO: 1 OF 20?R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to conduct business by suspending the order of the 3'" respondent issued disposal of the Writ petition. in RC.No.B2/448/2022 dated 10.07.2025 pending Counsel for the Petitioner; SRI K. NARSI REDDY Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION The Court made the following order: & EXCISE V APHC010375682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] ■I 0^ WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18973/2025 Between: 1.DWARAMPUDI RAMAKRISHNA, S/0. VEERRAJU, AGED ABOUT 40 YEARS, OCC LICENSEE OF M/S. SUJI RESTAURANT AND BAR, D.NO 71-1-6/2, BEHIND HP PETROL BUNK, BATTHINA NAGAr! LALACHERUVU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. (EXCISE-LL) REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KAKINADA, EAST GODAVARI DISTRICT. 4.THE DISTRICT PROHIBITION AND EXCISE OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5.THE SUB INSPECTOR, PROHIBITION AND EXCISE (ENFORCEMENT), RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. Page 2 of 6 W.P.No.18973 of 4 ...RESPONDENT(S); Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a writ of mandamus declaring the order of 3rd praying that in the the High Court may be or any other appropriate writ or direction in 07 onoc •„ . respondent issued in RC.No.B2/448/2022 dated h' . ® justice Without jurisdiction and consequently direct the 3rd petitioner to conduct the business and respondent to permit the pass and pass lA NO: 1 OF 207^ Petition under Section 151 CPC in tho offiH > f I ^ • praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased p eased ot permit the petitioner to conduct business by suspending the order ot the 3rd respondent issued in RC.No.B2/448/2022 dated 10.07.2025 pending disposal of the Writ petition and pass and pass Counsel for the Petitioner: 1.K NARSI REDDY Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: :: ORDER :: Heard Sri K. Narsi Reddy, learned counsel for G. Prashanti, learned Assistant Prohibition, for the respondents. the petitioner and Smt. Government Pleader for Excise and 2. A show cause notice vide Rc.No.B2/448/2024 (Ex.P2) was issued to the petitioner the petitioner to submit dated 21.04.2025 pointing out irregularities and directing an explanation within fifteen days from the receipt of the said notice. The petitioner failed to submit an explanation within the non-supply of relevant information sought by the an order vide Rc.No.B2/448/2022 dated stipulated time due to the petitioner. Thereafter, 10.07.2025 ,ge 3 of 6 SRS,J W.P.No.18973 of 2025 (Ex.P1), was passed suspending the operation of the petitioner’s 2B (Bar) license with immediate effect. Aggrieved by the same, the petitioner filed the above writ petition. Learned counsel for the petitioner would submit that, in pursuance of show cause notice, dated 21.04.2025 (Ex.P2) issued by respondent No.3, the petitioner requested the authority to furnish a copy of the report submitted by the District Prohibition and Excise Officer (DPEO), East Godavari District, Rajamahendravaram, East Godavari District, vide Rc.No.A/65/2025 dated 02.04.2025 enabling the petitioner to submit a comprehensive reply. However, without furnishing a copy of the said report, the order impugned was passed. He further pointed out that the show-cause notice dated 09.07.2025, cited at third reference, in the impugned proceedings, was not received by the petitioner. 3. Learned Assistant Government Pleader for Excise and Prohibition instructions, would submit that the show cause notice dated 09.07.2025, cited as third reference in Ex.PI, is a typographical mistake and was not issued to the petitioner. She would submit that since the petitioner failed to submit an explanation within the stipulated time, in pursuance of the show cause notice Ex.P2, the order impugned (Ex.P1), was passed. 4. on 5. Thus, as seen from the material available on record, a show cause notice dated 21.04.2025 (Ex.P2) was issued against the petitioner based the report submitted by DPEO, Rajamahendravaram, East Godavari District, concerning the registration of a case in crime No.38 of 2025 on 02.03.2025, on the file of Prohibition and Excise Station, Rajamahendravaram , North. The reference second cited in Ex.P2 is the report submitted by DPEO, Rajamahendravaram, East Godavari District, vide Rc.No.A/65/2025 dated 02.04.2025. However, as seen from the show cause notice (Ex.P2), the said on W.P.No.18973 Of report was not served on the petitioner, to enable him to submit a comprehensive reply. The Division Bench of this Court in an order dated 07.03.2025 in W.A.No.812 of 2024 (between Botta Lakshmi Pavani and the State of Andhra Pradesh (Excise-ll) Revenue Department and others) observed as follows: 6. On the issue of violation of principles of natural justice, it can be seen that no part of the material on which the Deputy Commission of Prohibition & Excise had relied upon in its show cause notice, supplied to the petitioner. It is not out of place herein to mention that what persuaded the Deputy Commissioner to issue the show cause notice was a report prepared by the DPEO, which was further based upon the report of the inspector of Police, III Town Police Station, Visakhapatnam City and which the petitioner had specifically asked for in the explanation to the show cause notice but was not furnished.” 18. was 7. In the case at hand, the specific contention of the petitioner is that the report of DPEO, Rajamahendravaram, East Godavari District, is not served on the petitioner. Given the observations of the Division Bench in W.A.No.812 of 2024, this Court is of the considered opinion that the order impugned suffers from principles of natural justice. Given the facts and circumstances of the case, this writ petition is allowed. The proceedings issued by the Deputy Commissioner of Prohibition and Excise, Kakinada vide Rc.No.B2/448/2022 dated 10.07.2025 (Ex.P1), are hereby set aside. The petitioner shall submit an explanation to the show cause notice (Ex.P2) within two weeks from today. Respondent No.3 shall furnish a copy of the report submitted by DPEO, Rajamahendravaram, East Godavari District, vide Rc.No.A/65/2025 dated 02.04.2025 forthwith, enabling the petitioner to submit a comprehensive reply. Thereafter, the learned 8. /age 5 of 6 SRSJ W.P.No.18973 of 2025 respondent No.3 shall pass a reasoned order, duly considering the petitioner’s explanation, strictly as per law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, (Excise-ll) Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Deputy Commissioner of Prohibition and Excise, Kakinada, East Godavari District. 4. The District Prohibition and Excise Officer, Rajamahendravara m, East Godavari District. 5. The Sub Inspector, Prohibition and Excise (Enforcement), Rajamahendravaram, East Godavari District. 6. One CC to Sri K. Narsi Reddy, Advocate [OPUC] 7. Two CCs to GP for Prohibition and Excise, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb > HIGH COURT DATED:23/07/2025 ORDER WP No.18973 OF 2025 If 2 8 JUL 2025 ^'^S>QufrentSectiMy^y^ ALLOWING THE W.P. WITHOUT COSTS