Telangana High Court

WP/23499/2004 of T.V. Satyanarayana, Vs Government of A.P., rep. by its Secretary, on 28 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT PETITION NO : 23499 of 2004 Between: 1 T.V.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

HON'BLE SRI DEVINDER GUPTA,

CHIEF JUSTICE

and HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT PETITION NO : 23499 of 2004

Between:

1 T.V. Satyanarayana, S/o. T.V.K. Rao,

R/o. 3-316/1, Ramakrishna Nagar, Rajahmundry, E.G.District.2 B. Appa Rao, S/o. Narasimhulu, Bommuru Road, Rajahmundry.

3 P. Izra Kumar, S/o. Late P.S. Kumar,

Peaceful Church, Balaji Peta, Rajahmundry, E.G.District.4 Rev. Nathaneal, Rajahmundry, E.G.District.

5 P. Raju, S/o. Simhachalam,

H.No. 3-10-80, Balaji Peta, Rajahmundry, E.G.District.

..... PETITIONERS

AND

1 Government of A.P., rep. by its Secretary, Proh.,& Excise Department,Secretariat, Hyderabad.Secretariat, Hyderabad.

2 Commissioner of Proh., & Excise, Govt. of A.P., Nampally, Hyderabad-1.

3 Dy. Commissioner, Proh., & Excise, Kakinada, East Godavari District.

4 Superintendent of Proh.,& Excise, Kakinada, E.G.District.

5 Krishna Wines, rep. by its Proprietor, Sri Ramakrishna, Located in H.No. 3-13-66, Balaji Peta, Rajahmundry. Sri Ramakrishna, Located in H.No. 3-13-66, Balaji Peta, Rajahmundry.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate Writ, Order or direction particularly one in thenature of writ of Mandamus to direct the respondents 2 to 4 to cancel thepermission granted to the 5th respondent to run the wine shop at Premisesbearing No. 3-13-66, Balaji Peta, Rajahmundry, East Godavari District, in theinterests of justice of in the alternative to direct the respondents to shift the 5threspondent wine shop from the premises in question to a distance beyond100 metres from Kanaka Durga Bhavani Temple and peaceful churchsituated in Balaji Peta, Rajahmundry, East Godavari District and allow theWrit Petition with costs and grant such other order or orders as this Hon'bleCourt may deem fit and proper in the circumstances of the case.

Counsel for the Petitioners : MR.P.RAVI

Counsel for the Respondent Nos. 1 to 4: GP FOR PROHIBITION &EXCISECounsel for the respondent No.5: None appeared.

The Court made the following :

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ORAL ORDER:

1. Prayer made by the petitioners in this case filed as public interest litigationis to issue direction to respondents 2 to 4 to cancel the permission granted to5[th] respondent to run wine shop at premises No.3-13-66, Balaji Peta,Rajahmundry, East Godavari District, and to direct respondent No.5 to shiftthe shop in question to a distance beyond 100 metres from Kanaka DurgaBhavani temple and peaceful church situated in Balaji Peta, Rajahmundry,East Godavari District.

2. Petitioners have alleged that despite submission of representations dated08.11.2004 and 19.11.2004 to 2[nd] respondent, no action has been taken inthe matter and the permission to open the shop in the premises in question isin complete violation of the provisions of law, rules and regulations.

3. Learned counsel for the petitioners submits that as per the directions of theCourt, notice was sent through post to respondent No.5 and acknowledgmenthas not been received so far.

4. Considering the facts and circumstances of the case, we dispose of the writpetition with direction to 4[th] respondent to treat this writ petition itself asrepresentation along with the representations already submitted by thepetitioners and pass appropriate orders in accordance with law after spotverification in the presence of the petitioners. In case there has been any

violation of any of the provisions of the Excise Act, Rules and Regulationsframed thereunder, respondent No.4 will pass a positive order directingrespondent No.5 to shift the shop, and in case respondent No.5 fails tocomply the same, the Excise authorities will proceed to cancel the licence ofrespondent No.5. This exercise shall be done by respondent No.4 within aperiod of one week from the date of receipt of a copy of this order from thisCourt and petitioners will be informed of the action taken by him in the matter.In case petitioners still feel aggrieved by the action of respondent No.4, they can have recourse to law. No costs.

______________________DEVINDER GUPTA. C.J., _____________________M. NARAYANA REDDY. J., Dated: 28.12.2004.

VRK.

To

1 The Secretary to Government, Proh.,& Excise Department, Secretariat,Hyderabad.2 The Commissioner of Proh., & Excise, Govt. of A.P., Nampally,Hyderabad-1.

3 The Dy. Commissioner, Proh., & Excise, Kakinada, East Godavari District.4 The Superintendent of Proh.,& Excise, Kakinada, E.G.District.4 The Superintendent of Proh.,& Excise, Kakinada, E.G.District.

5. The Officer concerned, Public Interest Litigation Cell, High CourtBuildings, Hyderabad.Buildings, Hyderabad.

6. The Secretary, A.P. State Legal Aid & Advisory Board, High CourtBuildings, Hyderabad.Buildings, Hyderabad.7. The Secretary to Government of A.P., Home Department, Secretariat,Hyderabad.Hyderabad.

8. Two CCs to G.P. for Excise & Prohibition, High Court Buildings,Hyderabad (OUT).Hyderabad (OUT).9. Two CD copies.

HON’BLE SRI DEVINDER GUPTA,

CHIEF JUSTICEAND

HON’BLE SRI JUSTICE M. NARAYANA REDDY.

W.P.NO. 23499 OF 2004.

( Order of the Bench delivered byHon’ble The Chief Justice )

Dt: 28.12.2004.

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