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2026 DAILYLAW 10242 (AP)

WALTAIR WINES v. The State of Andhra Pradesh

WP/25586/2026 · 2026-09-07

Ravi Cheemalapati

body2026

Judgment text

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APHC010469472026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 8 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25586 OF 2026 Between: 1. WALTAIR WINES, G.S.L. No. VP/38/2024 S.No.69/P of Kurmanapalem, Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District Rep.by its Licensee Sri Harish ldnani, S/o Deepak Lal ldnani, aged about 42 years, Occ Business, R/o D.No.9 Mansion, Opposite Timpany School Main Gate, C.B.M. Compound, Visakhapatnam - 530003. 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Excise-II) Department, Secretariat, Velagapudi, Amaravati, Guntur A.P. -522238 2. The Commissioner of Prohibition and Excise, Mangalagiri, Guntur District, Andhra Pradesh 522503. 3. The Deputy Commissioner of Prohibition AND Excise, Visakhapatnam, Visakhapatnam District -530001 4. The District Prohibition AND Visakhapatnam-530001 5. The Prohibition AND Excise Inspector, Prohibition AND Excise Station, Gajuwaka, Visakhapatnam, Visakhapatnam District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25586 OF 2026 WINES, G.S.L. No. VP/38/2024-26, at D.No.51 S.No.69/P of Kurmanapalem, Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District Rep.by its Licensee Sri Harish ldnani, S/o Deepak Lal ldnani, aged about 42 years, Occ Business, R/o D.No.9-24 Mansion, Opposite Timpany School Main Gate, C.B.M. Compound, 530003. AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue II) Department, Secretariat, Velagapudi, Amaravati, Guntur 2. The Commissioner of Prohibition and Excise, Mangalagiri, Guntur District, Andhra Pradesh 522503. 3. The Deputy Commissioner of Prohibition AND Excise, Visakhapatnam, 530001 4. The District Prohibition AND Excise Officer, Visakhapatnam District, 5. The Prohibition AND Excise Inspector, Prohibition AND Excise Station, Gajuwaka, Visakhapatnam, Visakhapatnam District -530026 ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH DAY OF SEPTEMBER 2026 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 26, at D.No.51-1-22/1, S.No.69/P of Kurmanapalem, Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District Rep.by its Licensee Sri Harish ldnani, S/o Deepak 24-12, Chandu's Mansion, Opposite Timpany School Main Gate, C.B.M. Compound, ...Petitioner 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue II) Department, Secretariat, Velagapudi, Amaravati, Guntur District, 2. The Commissioner of Prohibition and Excise, Mangalagiri, Guntur District, 3. The Deputy Commissioner of Prohibition AND Excise, Visakhapatnam, Excise Officer, Visakhapatnam District, 5. The Prohibition AND Excise Inspector, Prohibition AND Excise Station, ...Respondents 2 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 appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, to declare the action of the 4th Respondent in issuing the impugned Show Cause Notice bearing Rc.No. 491/2024/B2 dated 24-08-2026 seeking to proceed against the Petitioner's License, without awaiting the outcome of the pending criminal case in Cr.No.121/2026 is without jurisdiction and in violation of the principles of natural illegal and arbitrary and consequently set aside the same IA NO: 1 OF 2026 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 grant stay all further proceedings pursuant to the impugned Show Cause Notice bearing Rc.No.491/2024/B2 dated 24.08.2026 of the 4th respondent, including passing of any final order of suspension of petitioner's License No. VP/38/2024-26, pending disposal of the main Writ Petition Counsel for the Petitioner: KAVITHA GOTTIPATI Counsel for the Respondents: GP FOR PROHIBITION EXCISE 3 The Court made the following order: Questioning the Show Cause Notice vide Rc.No.491/2024/B2 dated 24.08.2026 issued by respondent No.4, the present Writ Petition is filed. 2. Heard Smt Kavitha Gottipati, learned counsel for the petitioner and Sri Nagaraju Pullagura, learned Government Pleader for Prohibition & Excise Department. 3. Learned counsel for the petitioner and learned Government Pleader for Excise Department collectively submitted that the issue involved in this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.16406 of 2026 and prayed to pass similar order in this Writ Petition also. 4. Taking into consideration the submission made by the learned counsel for the parties, this Court is inclined to dispose of the Writ Petition in terms of the order dated 23.06.2026 passed in Writ Petition No.16406 of 2026, by passing the following order: “ (i) The petitioner is at liberty to submit explanation to the show cause notice dated 24.08.2026 within two (2) weeks from today. (ii) On receipt of the same, the authority concerned shall consider and dispose of the same in accordance with law by providing an opportunity of hearing to the petitioner, if required and communicate the same to the petitioner. 4 (iii) If any adverse orders are passed on the explanation submitted by the petitioner, the authority concerned shall give two (2) weeks time to the petitioner to avail alternative remedy (if available) as per law. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 08.09.2026 MP 5 97 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.25586 of 2026 Dated: 08.09.2026 MP