MYTHILI EDUCATION SOCIETY Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
MYTHILI EDUCATION SOCIETY
GOVT. OF A.P.
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(1.)By consent, the appeal itself is taken up for hearing and final disposal.
(2.)The learned single Judge, by his order dated 10th June, 1991, in Writ Petition No.7351 of 1991, directed the second respondent, Superintendent of Excise, Hyderabad to consider the representation (objections) dated 27th December, 1990, of the writ petitioners before considering the fifth respondent's application for grant of F.L.I 7 licence and pass appropriate orders. Consequent thereupon, the Excise Superintendent, Hyderabad, has, on 29th February, 1992, passed a cryptic order to the effect that ".. ..the representation has been examined by the undersigned and that there are no valid grounds for non-grant of F.L.17 licence at the premises in question."
(3.)Hearing learned counsel on either side and considering the facts and circumstances and the above referred to order of the Excise Superintendent, we find that it is not a satisfactory order at all. Not a single reason has been given in support thereof. We understand that there was also no hearing given to the representationists- writ petitioners in these proceedings. When a representation is filed and when the authority is directed to consider it, the consideration must be disclosed and must be apparent on the face of the order. The Excise Superintendent's order, in the instant case, contains merely the conclusion which, as indicated, is with no reasons in support thereof. It is, however, not necessary to pursue this aspect any further as learned Counsel on either side have now no objection to the matter being sent back for reconsideration after hearing the writ petitioners with a direction for a speaking order thereafter with reasons in support thereof.
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