IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1343 OF 2014 DATED: 29-10-2014 Between:
Y. Rajaiah Naidu and another … Appellants And The Government of Andhra Pradesh rep. by its Prl. Secretary, Revenue (Excise II) Department and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1343 2014
JUDGMENT: (per Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This writ appeal is sought to be preferred against the judgment and order of the learned Single Judge dated 08.10.2014, by which His Lordship, in substance, decided not to entertain the writ petition.
The writ petitioner challenges the order dated 18.08.2014 passed by the Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad, granting permission to shift the licensed premises from D.No.1/67, Nelavai Village to D.No.2-64, Neerpakota Panchayath/Village of B.N. Kandriga Mandal.
Learned Trial Judge after elaborate discussion in his judgment and also adverting to the principles of law, ultimately did not decide the same on merits. His Lordship was pleased to ask the petitioner to take steps to file a revision petition. Learned counsel for the appellants wants to impress upon us that the Trial Judge should have entertained the writ petition as was done in earlier cases when there was non-compliance of law.
It appears that the Trial Judge in exercise of his discretion did not decide the matter and rather felt that a revision petition is an appropriate remedy. We are not going to substitute our discretionary powers when it has not been exercised by the learned Trial Judge.
We accordingly close the writ appeal asking the appellants/petitioners to file a revision petition. It would be open for them to place all the material on this subject before the revisional authority and the revisional authority shall consider the same after giving them personal hearing. The revision petition shall be disposed of within a period of 45 days from the date of its filing. All points are kept open. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 29-10-2014 Svv