HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No. 24530 & 19468 of 2014 W.P.No. 24530 of 2014 Between:
1. Y. Rajaiah Naidu, S/o. Krishnama Naidu, 2 Y. Ramesh, S/o. Y. Rajaiah Naidu AND Petitioners
1. The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue (Excise II) Department, Secretariat, Secretariat Buildings, Hyderabad.
2. The Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad.
3. The Deputy Commissioner of Prohibition & Excise, Chittoor, Chittoor District.
4. The Prohibition & Excise Superintendent, Tirupathi, Tirupathi Excise District, Chittoor District.
5. M/s. Manmadha Wines, Gazette S.No.372, Shop at Nelavai, B.N. Kandriga Mandal, Rep. by its Proprietor, Y. Manmadha Rao, S/o. Subba Rao, Occ; Business, R/o. B.N. Kandriga, B.N. Kandriga Mandal, Chittoor District.
Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of 'Writ of Mandamus' declaring the Proceedings of the 2nd respondent in Cr.No. 5171/2014/CPE/T 3, dated 18-08-2014, as illegal, unjust, arbitrary, contrary to law, malafide, violative of Article 19 (1) (g) of the Constitution of India, violative of principles of natural justice, and beyond the scope of powers vested under Rule 28 of the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2012 and accordingly set aside the same.
W.P.No. 19468 of 2014 Between:
1 Y.Rajaiah Naidu, S/o.Krishnama Naidu Occ;Business, R/o.B.N.Kandriga , Gazette Sl.No.369, B.N.Kandriga, shop No.1, B.N.Kandriga Mandal, Chittoor District.
2 Y.Ramesh S/o.Y.Rajaiah Naidu Occ;Business, R/o.B.N.Kandriga , Gazette Sl.No.370 B.N.Kandriga, shop No.2, B.N.Kandriga Mandal, Chittoor District . Petitioners AND
1 The Government of Andhra Pradesh rep.by its Principal Secretary, Revenue (Excise. II) Department, Secretariat, Hyderabad.
2 The Commissioner Prohibition & Excise, Andhra Pradesh, Hyderabad.
3 The Deputy Commissioner of Prohibition & Excise Chittoor, Chittoor District.
4 The Prohibition & Excise Superintendent, Tirupathi, Tirupathi Excise District, Chittoor
5 Y.Manmadha Rao, S/o.Subba Rao occ;Busines, R/o.B.N.Kandriga , Gazette Sl.No.372 Shop at Nelavai B.N.Kandriga Mandal, Chittoor District . Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 permitting the 5th respondent to shift his shop Gazette Sl.No.372 from Lelavai village, to Neerupakakota village as illegal, unjust arbitrary contrary to law malafide unconstitutional and beyond the scope of powers vested under Rule 28 of the Andhra Pradesh Excise (Grant of Licence of selling by shop and Conditions of Licence)Rules,2012 and consequently the respondents 1 to 4 be directed not to permit the 5th respondent to shift and operation of his shop in Neerupakakota village, B.N.kandriga Mandal, Chittoor District The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Sri S.V. Muni Reddy, Advocate for the Petitioners in both petitions, G.P. for Excise for the Respondent Nos.1 to 4 in both petitions and of Sri K. Maheswara Rao, Advocate for Respondent NO.5 in both petitions, the Court made the following ORDER Along with the counter-affidavit sworn to by the Prohibition & Excise Superintendent, Chittoor, the report said to have been submitted by the Deputy Commissioner of Prohibition & /Excise, Chittoor to the Commissioner has been enclosed. At page 38 of the paper book filed by the learned Government Pleader for Prohibition & Excise (Andhra Pradesh), I found the sales statistics of the two A4 licensees, the petitioners herein. They carried on business of approximately Rs.2.18 crores and Rs.2.10 crores during the last excise year. This year, from 01.07.2014 up to 11.08.2014, they have already carried out business of the order of Rs.28 lacs and Rs. 25 lacs respectively. From this sales statistics, I gained an impression that the business of the petitioners is not adversely affected by the orders passed by the Commissioner permitting the 5th respondent to shift its shop from Nelavai Village to the present location. The 5th respondent has only carried on business of less than Rs.8 lacs during this period, in comparison. Therefore, I find that Respondents 1 to 4 are prima facie, justified in their criticism that the business interests of the petitioners are in no way adversely affected by the impugned order passed by the Commissioner, but however, its validity is to be tested.
Hence, while reserving the judgment in these Writ Petitions, I consider that it would be in the fitness of things to modify the order passed on 26.08.2014 to the extent of permitting the 5th respondent to carry on its business at the re-located premises, pursuant to the impugned order.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Prl. Secretary, Revenue (Excise II) Department, Government of Andhra Pradesh, Secretariat, Secretariat Buildings, Hyderabad.
2. The Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad.
3. The Deputy Commissioner of Prohibition & Excise, Chittoor, Chittoor District.
4. The Prohibition & Excise Superintendent, Tirupathi, Tirupathi Excise District, Chittoor District.
5. Y. Manmadha Rao, S/o. Subba Rao, Proprietor, Occ; Business, M/s. Manmadha Wines, Gazette S.No.372, Shop at Nelavai, B.N. Kandriga Mandal, R/o. B.N. Kandriga, B.N. Kandriga Mandal, Chittoor District.(1 to 5 BY RPAD)
6. Two CCs to G.P. for Proh. & Excise, High Court, at Hyderabad (OUT)
7. One CC to Sri. S.V. Muni Reddy, Advocate (OPUC)
8. One Spare copy Tvr HIGH COURT NRRJ DT. 16-09-2014 ORDER W.P. NO.24530 OF 2014 direction Drafted: tvr Dated 17-09-2014 HIGH COURT NRRJ DT. 16-09-2014 ORDER W.P. NO.24530 OF 2014 direction