Telangana High Court
WA/2173/2004 of Saini Prasada Rao, Vs The Commissioner for Prohibition and Excise, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2173 of 2004 (Writ Appeal under Clause 15 of the Letters Patent
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
and HON'BLE SRI JUSTICE M.NARAYANA REDDY
WRIT APPEAL NO : 2173 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated21/12/2004 in WP NO : 19500 OF 2004 on the file of the High Court.)21/12/2004 in WP NO : 19500 OF 2004 on the file of the High Court.)
Between:
Saini Prasada Rao, S/o. Narayana Rao,R/o. Mancherial Village and Mandal, Adilabad District.
AND
..... APPELLANT
1 The Commissioner for Prohibition and Excise, Government of Andhra Pradesh, Hyderabad.
2 The Prohibition and Excise Superintendent, Adilabad.
3 Aithe Bhoomaiah, S/o. Kotaiah,
Near Mancherial Club, Mancherial, Mancherial, Adilabad District.
4 Aithe Srinivas, S/o. Bhoomaiah,
H.No. 11-45, Near Mancherial Club, Mancherial, Mancherial, Adilabad District.
.....RESPONDENTS
Counsel for the Appellant : MR.D.KRISHNA REDDY
Counsel for the Respondent Nos. 1 and 2: GP FOR PROHIBITION &EXCISECounsel for the respondent Nos. 3 & 4: MR. VINOD KUMARDESHPANDE.
The Court made the following :
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ORAL JUDGMENT:
( per Hon’ble The Chief Justice )
……
1. We have heard counsel for the parties. In this appeal, arising out of theorder passed by learned single Judge dismissing the writ petition, appellantquestioned grant of IL-17 licence in favour of 4[th] respondent on the groundthat grant of such licence was in violation of the order passed by the CivilCourt in O.S.No.368 of 2004. There was an order of status quo operating inthe said case and despite order of status quo, licence was granted by 1[st]respondent to 4[th] respondent on 14.10.2004.
2. Mere grant of licence, in our view, does not affect the legality and validity ofthe licence since the dispute is pending before the Civil Court between theappellant and respondents 3 and 4. Admittedly status quo order so far has notbeen challenged even according to the appellant. Needless to add that in thecivil proceedings since respondents 3 and 4 are claiming to be in possessionof the property and appellant is not in possession of the property, order ofstatus quo was granted. Therefore, the very act of the petitioner – appellant inquestioning the action of grant of licence on such basis is misconceived, andrightly learned single Judge dismissed the writ petition. In case petitioner hasgot any grievance and as and when status quo order is challenged, he canhave recourse in accordance with law to take out appropriate proceedings inthat Court and the said Court will have to go into the question whether statusquo order has or has not to be vacated.
3. Writ appeal fails and is dismissed. No costs.
____________________
DEVINDER GUPTA. C.J.,
_____________________
M. NARAYANA REDDY. J.,
Dated: 29.12.2004.
VRK.
To
1 The Commissioner for Prohibition and Excise, Government of Andhra Pradesh, Hyderabad.2 The Prohibition and Excise Superintendent, Adilabad.3. Two CCs to G.P. for Prohibition & Excise, High Court Buildings, Hyderabad (OUT)
4. Two CD copies.
HON’BLE SRI DEVINDER GUPTA,
CHIEF JUSTICEAND
HON’BLE SRI JUSTICE M. NARAYANA REDDY.
W.A.NO. 2173 OF 2004.
( Judgment of the Bench delivered by
Hon’ble The Chief Justice )
Dt: 29.12.2004.