APHC010382672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19881/2025 Between: 1. M/S. AKHANDA WINES,, REP. BY ITS PROPRIETOR, E. RAGHAVENDRA, S/O. T. ESWARAPPA, AGED 30 YEARS, R/O. D.NO.4-6-63 SREEKANTAPURAM, HINDUPURAM MANDAL, SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, EXCISE COMPLEX, R.S.NO.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108, 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, ANANTHAPUR, ANANTHAPUR DISTRICT. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, SRI SATYA SAI DISTRICT, PUTTPARTHY. ...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 to issue an Order, Writ or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 4th respondent in 2 issuing the show cause notice bearing Rc,No.127/2025/B dated 28.06.2025 to the petitioner calling for explanation within seven (7) days instead of 15 days immediately after receipt of show cause notice dated 28.06.2025 that was served on 21.07.2025 and to declare the same as arbitrary, illegal and in violation of Articles 14, 19(1)(g) of the Constitution of India and also in contravention of the Excise Rules and consequently direct the 4th respondent to withdraw the notice dated 28.06.2025 and permit the petitioner to conduct its business peacefully and to pass IA NO: 1 OF 2025 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 suspend the operation of the show cause notice bearing Rc.No.127/2025/B dated 28.06.2025, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: ::ORDER:: Heard Sri R.Satish Babu, learned counsel representing Sri Ginjupalli Subba Rao, learned counsel for the petitioner and Smt. G.Prasanthi, learned Assistant Government Pleader for Prohibition and Excise for respondents 1 to 4. 2. Learned counsel for the petitioner would submit that the 4th respondent issued a show cause notice vide Rc.No.127/2025/B dated 28.06.2025 (Ex.P1), pointing out certain irregularities and directing the petitioner to submit an explanation within seven days. He would further submit that giving seven days to submit an explanation is illegal and arbitrary. Learned counsel relied upon N.Malla Reddy vs. State of Andhra Pradesh and others1, 1 (2013) 6 ALD 247 3 3. Learned Assistant Government pleader did not dispute the ratio in Malla Reddy’s case and would submit that even after lapse of 15 days, the petitioner did not submit an explanation. However, if the petitioner submits an explanation, the authority will consider the same. 4. In Malla Reddy’s case, a learned Single Judge of the Composite High Court observed that, after noticing that no minimum time is set out for submission of explanation under Section 31 (1) (b) of the Andhra Pradesh Excise Act, 1968, directed that a minimum period of fifteen days be given to the holder of license to show cause against any proposed cancellation of license. 5. In the case at hand, as seen from the show cause notice vide Rc.No.127/2025/B dated 28.06.2025 (Ex.P1), seven days have been granted to the petitioner to submit an explanation. Prima facie, providing seven days is contrary to the aforementioned judgment. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, giving liberty to the petitioner to submit an explanation within two (02) weeks from today by annexing all the relevant documents. Thereupon, the learned 4th respondent shall consider the same and pass a reasoned order strictly as per the law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 31.07.2025 SNI 4 265 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19881/2025 Date: 31.07.2025 SNI