WP/44942/2017 of Tallapureddy Venkateswara Reddy Vs The State of Telangana on 29 December 2017

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to declare the action of the official respondents in considering the application of the 5[th]respondent for establishment of Elite Bar in favour of the 5[th]respondent in the middle of the residential area i.e., in the premises bearing No.1-156, situated on the Main Road of Madhira, Khammam District, while exercising powers under Clause 6 Para 2 of G.O.Ms.No.211, Revenue (Excise-II) Department, dated 01.10.2016, and G.O.Ms.No.222, Revenue (Excise-II) Department, dated 27.09.2017, in spite of raising objections, as illegal, arbitrary and violative of Article 21 of the Constitution of India.

2. Heard Sri P.V.Ramana, learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise for respondents 1 to 4 and perused the material available on record.

3. The allegation of the petitioner in the present writ petition is that the 5[th] respondent is proposing to set up an Elite Bar in the middle of the residential area i.e., in the premises bearing No.1-156, situated on the Main Road of Madhira, Khammam District, which is in total violation of the norms notified in G.O.Ms.No.211, Revenue (Excise-II) Department, dated 01.10.2016, particularly the distance parameter, apart from violation of other conditions, which are required to be mandatorily complied with.

W.P.No.44942 of 2017

4. Learned counsel for the petitioner submits that the petitioner has raised objections on 14.12.2017 to the 2[nd] respondent, but without considering the said objections, the respondent authorities have recommended the application of the 5[th] respondent for grant of Elite Bar licence in the 2[nd] floor of the said premises and that the Government is going to grant permission in this regard. Learned counsel further submits that the apprehension of the petitioner is that the respondent authorities would not consider the objections submitted by the petitioner before allowing the 5[th]respondent to establish an Elite Bar.

5. Learned Government Pleader submits that the 2[nd]respondent will consider the objections raised by the petitioner and pass appropriate orders.

6. Having regard to the facts and submissions, the Writ Petition is disposed of making it clear that before granting any permission to the 5[th] respondent to establish an Elite Bar, the objections raised by the petitioner, dated 14.12.2017, shall be dealt with apart from ensuring that the 5[th] respondent strictly adhere to the guide lines issued by the Government for establishment of Elite Bars in G.O.Ms.No.211, Revenue (Excise-II) Department, dated 01.10.2016, and in G.O.Ms.No.222, Revenue (Excise-II) Department, dated 27.09.2017, and the Rules and Regulations in the Telangana Excise (Grant of Licence of Selling by Bar and conditions of Licence) Rules, 2005, issued in G.O.Ms.997, Revenue (Ex.II) Department, dated 24.05.2005.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

CKR, J 3

There shall be no order as to costs.

_____________________________

CHALLA KODANDA RAM, J

Date: 29[th] December, 2017

Note: Issue C.C. in one (01) week.

(B/o.) KL

KL

CKR, J 4

HON’BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.44942 of 2017

Date: 29[th] December, 2017