THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 10690 OF 2010 Dated 30th April, 2010 Between:
Dr Yechuri Srinivasa Guru Prasad …Petitioner And The Commissioner, Prohibition and Excise and two others …Respondents Counsel for the petitioner : Sri T.Nagarjuna Reddy Counsel for respondents 1 and 2: AGP for Prohibition and Excise The Court made the following ORDER:
This writ petition is filed for a Mandamus to declare the inaction of respondents 1 and 2 in taking action on the petitioner’s representation dated 12.02.2010 as illegal and arbitrary.
The petitioner owns a hospital at Door No.46-7-23, Park Road, Rajahmundry, East Godavari District. According to the petitioner, respondent No.3 is running a liquor shop under A-4 Licence granted by respondents 1 and 2 within 20 meters of the petitioner’s hospital and 90 meters of a College. The petitioner claimed to have made a representation on 12.02.2010 to respondents 1 and 2 for taking action for closure of the said shop. The grievance of the petitioner is that no action has been taken thereon.
At the hearing, learned Assistant Government Pleader for Prohibition and Excise submitted that the lease period of respondent No.3 is coming to an end on 30th June, 2010 and that fresh auctions will be conducted. She further submitted that as the lease period is coming to an end in a short while from now, no relief need to be granted to the petitioner.
The learned counsel for the petitioner, however, submitted that respondents 1 and 2 may be directed to keep the petitioner’s representation in view while permitting opening of new shops in pursuance of the fresh notification.
In view of this request, respondents 1 and 2 are directed to ensure that the new liquor shops, if any, to be opened in the area, in pursuance of fresh notification to be issued in respect of the Excise year 2010-2012, shall conform to Rule 27 of the Andhra Pradesh Excise (Grant of License to Sell Toddy, Conditions of License and Tapping of Excise Trees) Rules, 2007.
Subject to the above direction, the writ petition is disposed of.
As a sequel to disposal of main petition, WPMP No.13691 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J Dated 30th April, 2010 Note: Issue C.C in a week vrn