Telangana High Court
WP/18596/2008 of T. Balachandra Rao Vs The Sattanapalle Municipality, Sattenapalle, Guntur on 31 December 2009
Sri Justice R.Subhash Reddy Writ Petition No.18596 of_2008 Order: In this Writ Petition, the petitioner has questioned Resolution No.128, dated 30-06-2008, passed by the second respondent, rejecting his application for grant of No Objection Certificate to establish bar and restaurant in
The Hon’ble Sri Justice R.Subhash Reddy
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order:
Writ Petition No.18596 of_2008
In this Writ Petition, the petitioner has questionedResolution No.128, dated 30-06-2008, passed by thesecond respondent, rejecting his application for grant of NoObjection Certificate to establish bar and restaurant inpremises bearing D.No.17-1-20, 21, Kattamurivari Street,Sattenapalli.
The grant of licenses to run bar and licenses isgoverned by statutory rules framed in G.O.Ms.No.997,Revenue (Ex.II) Dept., dated 24[th] May, 2005, titled asA.P.Excise (Grant of License of selling by Bar andConditions of License) Rules, 2005 (for short ‘the Rules’)framed under Section 72 of the A.P.Excise Act, 1968 (Act17 of 1968).
Rule 6 of the Rules deals with Restrictions on the grant oflicense and as per clause 1 (v) thereof, there was arequirement to produce No Objection Certificate from thelocal authority However, the said requirement was relaxedsubsequently vide G.O.Ms.No.122, Revenue (Excise-II)Department, dated 6[th] February, 2009 and as of now, thereis no requirement to produce No Objection Certificate fromthe local authority at all.
In view of the subsequent amendment, as per whichthere is no requirement to produce No Objection Certificatefrom the local authority, no further adjudication is necessarywith regard to validity of the impugned Resolution. Therefore, I deem it appropriate to dispose of the WritPetition keeping open to the petitioner to make freshapplication for grant of license as per the Rules, which arein force as of now. On such application being filed, it isopen for the respondents to consider the same and passappropriate orders thereon.
The Writ Petition is, accordingly, disposed of. Thereshall be no order as to costs.
_________________
R.Subhash Reddy, J