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2025 DAILYLAW 29322 (AP)

Gorantia Srinivasa Rao, v. The State of Andhra Pradesh,

WP/21322/2025 · 2025-09-07

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010418082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21322/2025 Between: 1. GORANTIA SRINIVASA RAO, S/O. SUBBARAO GORANTIA, AGED 63, OCC: OWNER OF M/S. APPLE REST. AND BAR (LICENSEE), DOOR NO. 135-41, VIJAYAPURI 8TH LINE, BAPAYYA NAGAR, JKC COLLEGE ROAD, GUNTUR TOWN. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PROHIBITION AND EXCISE, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, DEPARTMENT OF PROHIBITION AND EXCISE, AP, MANGALAGIRI, GUNTUR. 3. THE DEPUTY COMMISSIONER, DEPARTMENT OF PROHIBITION AND EXCISE GUNTUR, GUNTUR DISTRICT, A.P. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, GUNTUR, GUNTUR DISTRICT, A.P. 5. THE STATION HOUSE OFFICER, GUNTUR-LL PROHIBITION AND EXCISE STATION, GUNTUR, GUNTUR DISTRICT, A.P. ...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 Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the Suspension Order in Rc.No. 139/2022/B1 dated 08-08-2025 passed by the 3rd respondent, the Deputy Commissioner of Proh. and Excise, Guntur, in suspending the 2B-Bar License granted to the petitioner's M/s. Apple Rest. and Bar at Door No. 135-41, Vijayapuri 8th Line, Bapayya Nagar, JKC College Road, Guntur, as the same is contrary to law, illegal, arbitrary, violative of Articles 14, 19(1)(g), and 21 of the 2 Constitution of India, without jurisdiction and against of principles of natural justice and consequently to set aside the same. 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 Suspension Order in Rc.No. 139/2022/BI dated 08-08-2025 passed by the 3rd respondent, the Deputy Commissioner of Proh. & Excise, Guntur, thereby enabling the petitioner to conduct business operations pending disposal of the writ petition and to pass such other and further orders. Counsel for the Petitioner: 1. P SAI SURYA TEJA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21322 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the Suspension Order in Rc.No. 139/2022/B1 dated 08-08-2025 passed by the 3rd respondent, the Deputy Commissioner of Proh. and Excise, Guntur, in suspending the 2B-Bar License granted to the petitioner's M/s. Apple Rest. and Bar at Door No. 135-41, Vijayapuri 8th Line, Bapayya Nagar, JKC College Road, Guntur, as the same is contrary to law, illegal, arbitrary, violative of Articles 14, 19(1)(g), and 21 of the Constitution of India, without jurisdiction and against of principles of natural justice and consequently to set aside the same and to pass such other and further orders.” 2. The 3rd respondent has filed an affidavit tendering his apology in discharging his duties and issuance of impugned suspension order vide Rc.No.139/2022/B1 dated 08.08.2025. 3. As already the impugned suspension order was recalled by the respondents, accepting the affidavit filed by the 3rd respondent, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 08.09.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:21322 of 2025 Date : 08.09.2025 SPP