Judgment · High Court
Case at a glance
Outcome
Dismissed
Accordingly, the Writ Petition is dismissed
Provisions considered
- Constitution of India art. 226
- A.P. Excise Act, 1968 s. 63
Judgment
Cause title
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any appropriate writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in suspending the license vide Rc.No.B2/596/2005, dt.24.03.2005 as illegal, arbitrary and much against the principles of natural justice and consequently direct the respondents to set aside the proceedings vide Rc.No.B/596/2005, dt.24.03.2005 and to pass such order or orders. Counsel for the Petitioner: MR.K.SRINIVASA REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court at the stage of admission made the following :
ORAL ORDER:
Operative part
Heard both sides. In this Writ Petition, the petitioner is seeking a Writ of Mandamus, declaring the action of the respondents in suspending the licence Vide Rc.No. B2/596/2005 dated 24.3.2005 as illegal, arbitrary and consequently direct the respondents to set aside the proceedings dated 24.3.2005. As against the order of suspension, an appeal is provided under Section 63 of the A.P. Excise Act, 1968, to the Deputy Commissioner, and without availing the alternative remedy provided under the Act, the petitioner straightaway approached this court by way of this Writ Petition. Therefore, I see no reasons to entertain the Writ Petition under Article 226 of the Constitution of India. Accordingly, the Writ Petition is dismissed. No order as to costs. _______________________ ELIPE DHARMA RAO,J DATED: 27.04.2005 To 1 The Excise Superintendent, Prohibition & Excise, Mahaboobnagar. 2 The Inspector, Prohibition & Excise of SDTF Mahaboobnagar. 3 Station House Officer, Prohibition & Excise, Mahaboobnagar.
Two CCs to G.P. for Prohibition and Excise, High Court of A.P., Hyderabad (OUT)
Two CD copies.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; A.P. Excise Act, 1968 — s. 63.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.