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TMI Blog2017 (1) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... ocated in the Division for which he was granted license - Respondent No.4 is directed to issue a notice to the petitioner to establish that his A4 shop is situated in Division No.21 and not in Division No.20 - matter on remand - petition allowed by way of remand. - WRIT APPEAL No.1039 of 2016 and WRIT PETITION No.32633 of 2015 - - - Dated:- 20-10-2016 - SRI M.S.K.JAISWAL, J. For The Appellant : Mr.M.S.Prasad, senior counsel for Mr.Subba Rao Posani For The Respondent : Government Pleader for Prohibition and Excise (AP), Mr.Ancha Panduranga Rao, Mr.K.S.Murthy COMMON JUDGMENT: (Per the Hon ble Sri Justice C.V.Nagarjuna Reddy) Feeling aggrieved by the interim order, dated 12.09.2016, in W.V.M.P.Nos.4326 of 2015 and 3593 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .21, failing which, action in accordance with the provisions of the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of license) Rules, 2012 will be taken. Feeling aggrieved by this order, the petitioner filed the writ petition. Initially, interim order of status quo was passed by this Court on 05.10.2015. The said order was vacated by the learned Single Judge, by the order impugned in the writ appeal. 4. A perusal of the order impugned in the writ petition shows that the sole basis on which the petitioner has been directed to shift the A4 shop from the present location is the purported report, dated 21.09.2015, of the Commissioner, Municipal Corporation, Nellore. The said order does not show that either the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.7 is also entitled to participate in such enquiry to substantiate the contents of his complaint that the petitioner s A4 shop is situated in Division No.20 and not in Division No.21. 8. In the aforementioned facts and circumstances of the case, the impugned order, dated 26.09.2015, is not sustainable and the same is, accordingly, set aside. Respondent No.4 is directed to issue a notice to the petitioner to establish that his A4 shop is situated in Division No.21 and not in Division No.20. Along with the notice, respondent No.4 shall serve on the petitioner, all the material on which he is seeking to place reliance including the report, dated 21.09.2016, of the Commissioner, Municipal Corporation, Nellore. The petitioner shall submit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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