WP/6657/2026 of MEKA MURALI KRISHNA Vs THE STATE OF AP on 14 June 2026

APHC010118252026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE FIFTEENTH DAY OF JUNE

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 6657/2026

Between:

1. MEKA MURALI KRISHNA, S/O. NARASIMHA RAO AGED 44

YEARS,

OCC

BUSINESS,

BAR

LICENSEE

(GAZETTE

SI.NO.2B/EG/4) R/O. 80-17-3, KOKA BHASKARAMMA NAGAR, AVA ROAD, RAJAHMUNDRY (URBAN), RAJAHMUNDRY, EAST

GODAVARI, ANDHRA PRADESH - 533 101.

2. GORRELLA DURGA PRASAD, , S/O. SATTYANARAYANA, AGED 43 YEARS, OCC BUSINESS, BAR LICENSEE (GAZETTE

SI.NO.2B/EG/1),

R/O.

4-146/26A,

SEETHANAGARAM

MANDALAM, CHINAKONDEPUDI, EAST GODAVARI, ANDHRA

PRADESH - 533 287.

3. M.J. VENU GOPALA APPARAO, . S/O. ESWARA PRASAD, AGED 53 YEARS, OCC BUSINESS, BAR LICENSEE (GAZETTE

SI.NO.2B/EG/6) R/O. 1-197, MAIN ROAD, KAMAVARAPUKOTA

MANDALAM, WEST GODAVARI, ANDHRA PRADESH - 534 449.

4. VELAGA SRI RAMA MURTHY,, S/O. RAMARAO, AGED 50

YEARS,

OCC

BUSINESS,

BAR

LICENSEE

(GAZETTE

SI.NO.2B/EG/14), R/O. 1-55, RAMALAYAM STREET, NEAR

AMBEDKAR BOMMA, KOMATIKUNTA, WEST GODAVARI, ANDHRA PRADESH - 534 316.

...PETITIONER(S)

AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION

AND

EXCISE

DEPARTMENT,

A.P.

SECRETARIAT

BUILDINGS,

VELAGAPUDI,

AMARAVATI,

GUNTUR DISTRICT.

2. THE COMMISSIONER AND DIRECTOR, PROHIBITION AND

EXCISE, EXCISE COMPLEX, R.S.NO.88-2B, SAI VIHAR

APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V)

VIJAYAWADA-521108.

3. THE

DISTRICT

PROHIBITION

AND

EXCISE

OFFICER,

LICENSING AUTHORITY, RAJAMAHENDRAVARAM EAST

GODAVARI DISTRICT, ANDHRA PRADESH.

4. THE RAJAMAHENDRAVARAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly in the nature of a WRIT OF MANDAMUS by declaring the highhanded action of the 3rd Respondent in issuing Gazette No.36 dated 18.08.2025

for the License Period for years 2025 - 2028 by fixing Retail Excise Tax (RET) at Rs.75,00,000/- for the year 2025-2026 per annum by erroneously treating the population of Rajamahendravaram Municipal Corporation as above 5,00,000 by including 11 villages in the Municipal Corporation even though they have not been merged in the Municipal Corporation till now without taking into consideration the population of 3,43,903 as per the 2011 census, as arbitrary, illegal, in violation of principles of one natural justice. Articles 14 and 19(1)(g) of the Constitution of India and contrary to Rule 2(t) and Rule 18 of the A.P.

Excise (Grant of License of Selling by Bar Conditions of License) Rules, 2025 and consequently set aside the same by directing the Respondent Authorities to re-fix the Retail Excise Tax (RET) paykble by the petitioners strictly based on the official population of 3,43,903 as per 2011 census by classifying Rajamahendravaram Municipal Corporation in the population slab of below 5 lakhs and accordingly fix the license fee

at Rs.55,00,000/- for petitioners herein for the license year 2025-2026

and to pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to fix the Retail Excise Tax (RET)

payable by the petitioners in accordance with Rule 18 of the A.P. Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2025 by taking the population of Rajamahendravaram Municipal Corporation as 3,43,903 as per 2011 census pending disposal of the above writ petition and pass Counsel for the Petitioner(S):

1. GINJUPALLI SUBBA RAO

Counsel for the Respondent(S):

1. GP FOR PROHIBITION EXCISE

2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

The Court made the following: