Andhra Pradesh High Court
WP/33366/2023 of Jerripothula Prasada Rao, Vs State of Andhra Pradesh, on 29 December 2023
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33366 OF 2023 Between: Jernpothula Prasada Rao, S/o. Adhinarayana Aged about 58
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
FRIDAY,THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 33366 OF 2023
Between:
Jernpothula Prasada Rao,S/o. Adhinarayana Aged about58Years,Occ-Business, R/o.H. No. 15-10-9/1, Krishna Nagar, Maharanipeta, Visakhapatnam-llVisakhapatnam, Andhra Pradesh.
...PETITIONER
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1. State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition andExcise Department, Velagapudi, Amaravati.Excise Department, Velagapudi, Amaravati.
2. Commissioner of Prohibition and Excise, State of Andhra PradeshVijayawada, At Vijayawada.Vijayawada, At Vijayawada.
3. Deputy Commissioner of Prohibition and Excise, State of Andhra PradeshVisakhapatnam.Visakhapatnam.
4. District Prohibition and Excise Officer, Visakhapatnam, Andhra Pradesh.5.Prohibition and Excise Inspector, Visakhapatnam, Andhra Pradesh.5.Prohibition and Excise Inspector, Visakhapatnam, Andhra Pradesh.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that inthe circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ Petition of Mandamusappropriate Writ ororder or direction declaring the inaction of the Respondents 2 to 5 in releasingthe Bar license to the Petitioner in respect of Unique No.VSP/MC1/166/005 asarbitrary, illegal and consequently direct the Respondents 2 to 5 to release theBar license in favour of the Petitioner in respect of Unique No.VSP/MCI/166/005.
lA NO:1 OF 2023
ffSection 151 CPC is filed praying that in the circumstancesstated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.2 to 5 to release the license in respect ofBarwithUniqueNo.VSP/MCI/166/005.GreaterVisakhapatnamMunicipalCorporation, Visakhapatnam to the Petitioner Ibrthwiih pending disposal of theWrit Petition.
Counsel for the Petitioner:SRI. PRABHAKAR PERI
Counsel for the Respondents No.1 to 5: GP FOR PROHIBITION EXCISE
The Court made the following: ORDER
HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
ORDER;
WRIT PETITION N0.33366 OF 2023
The short grievance of the petitioner is that, the respondentauthorities are not releasing the license in his favour in respect ofBarwithUniquereferenceNo.VSP.MCl/166/05intheGreaterVisakhapatnam Municipal Corporation, Visakhapatnam[District.]
2. Heard Sri P.Prabhakar, learned counsel for the petitioner[and]SriNarsiReddy,learnedAssistantGovernmentPleaderforProhibition & Excise Department appearing for the respondents.SriNarsiReddy,learnedAssistantGovernmentPleaderforProhibition & Excise Department appearing for the respondents.
3. Learned counsel for the petitioner, in elaboration[to][ what][ has]beenstatedintheaffidavitcontendedthat,pursuanttotheNotificationdated19.10.2023issuedbytherespondentsforobtaining Bar license, the petitioner made an application in respectof a Bar withsubject Uniquereference andparticipatedinthee-auction.Afterbeingdeclaredashighestbidder,thepetitionerobtained trade license for running a Restaurant & Bar[in][ the][ name]and style of JPR Restaurant and Bar by paying requisite license fee.obtained NoObjection Certificate from the Municipal Corporationand also obtained license under the Food and Safety[Standards][ Act]2006 from the Food, Safety and Standards Authorityof India.Hebeenstatedintheaffidavitcontendedthat,pursuanttotheNotificationdated19.10.2023issuedbytherespondentsforobtaining Bar license, the petitioner made an application in respectof a Bar withsubject Uniquereference andparticipatedinthee-auction.Afterbeingdeclaredashighestbidder,thepetitionerobtained trade license for running a Restaurant & Bar[in][ the][ name]and style of JPR Restaurant and Bar by paying requisite license fee.obtained NoObjection Certificate from the Municipal Corporationand also obtained license under the Food and Safety[Standards][ Act]2006 from the Food, Safety and Standards Authorityof India.He further submitted that, 5^ respondent has conducted inspection ofthe premises and the documents and found them to be in order andmade a recommendation to the 4th respondent and thereby[the][ 4th]respondentvideproceedingsinRC.No.434/2023/A1dated16.11.2023 had recommended for issuing of the license in the nameofthepetitioner.Thereafterthe3^^respondenthadissuedproceedings in RC.No. 125/2023/B2 dated 18.11.2023 directing the4threspondenttoissuealicensein Form-Binfavourofthepetitioner.Inspiteofthat,therespondentauthoritiesarenotreleasing the license in favour of the petitioner for the reasons bestknown to them. He further submitted that, it would suffice for thetime being, if a direction is given to the respondent authoritiestoconsider the application of the petitioner for License. As such, thepresent Writ Petition is filed and prayed to pass orders protecting theinterest of the petitioner.
4. Ontheotherhand,SriNarsireddy,learnedGovernmentPleader for Prohibition 85 Excise Department, on written instructionsdated 27.12.2023 submittedthat,certain complaintshavebeenreceived against the establishment of said Bar and Restaurant andthe authorities are looking into the said complaints and they wouldrelease the license after verifying the documents that are filed by thePleader for Prohibition 85 Excise Department, on written instructionsdated 27.12.2023 submittedthat,certain complaintshavebeenreceived against the establishment of said Bar and Restaurant andthe authorities are looking into the said complaints and they wouldrelease the license after verifying the documents that are filed by the petitioner in due course and the process of verificationis underprocess.
5. Perused the record.It is not in dispute that the petitioner[has]participated in the bid for obtaining license for running[a][ Restaurant]8& Bar and he is the successful bidder.It is also not in dispute thatthepetitionerpaidrequisitelicensefee,obtainedNoObjectionCertificate from the Greater Visakhapatnam Municipal Corporationand also obtained license under Food and Safety Standards. In spiteof that, the respondent authorities are not releasing[the][ license]infavourofthepetitioner.PerusalofwritteninstructionsvideRc.No.434/2023/Al,dated27.12.2023showsthatcertaincomplaintshavebeenreceivedin Spandanabythe respondentauthorities and after verifying the same, they would[consider][ in][ due]course.participated in the bid for obtaining license for running[a][ Restaurant]8& Bar and he is the successful bidder.It is also not in dispute thatthepetitionerpaidrequisitelicensefee,obtainedNoObjectionCertificate from the Greater Visakhapatnam Municipal Corporationand also obtained license under Food and Safety Standards. In spiteof that, the respondent authorities are not releasing[the][ license]infavourofthepetitioner.PerusalofwritteninstructionsvideRc.No.434/2023/Al,dated27.12.2023showsthatcertaincomplaintshavebeenreceivedin Spandanabythe respondentauthorities and after verifying the same, they would[consider][ in][ due]course.
6. Takingthesubmissionsof boththelearnedcounselintoconsideration and in view of the circumstances of the case, as thelicenseof thepetitioneris underprocess withtherespondentauthorities, thereis no purpose in adjudicating the[matter][ on]itsmerits by inviting counter.As such, this Court is inclined to disposeof the Writ Petition, at the stage of admission itself, by passing thefollowing order:consideration and in view of the circumstances of the case, as thelicenseof thepetitioneris underprocess withtherespondentauthorities, thereis no purpose in adjudicating the[matter][ on]itsmerits by inviting counter.As such, this Court is inclined to disposeof the Writ Petition, at the stage of admission itself, by passing thefollowing order:
‘The respondent authorities are directed to consider the petitioner’s application for license in accordance withlaw, within a period of two (2) weeks from today.
7. Accordingly, the Writ Petition is disposed of. There shall benoorder as to costs of the Writ Petition.
To,
As a sequel thereto, interlocutory applications pending, if anyin the Writ Petition, shall also stand closed.
Sd /- B. CHITTI JOSEPHASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
'S'ate of AndhraJSlya3a”y°Iwrda“"°"JSlya3a”y°Iwrda“"°"
' Jl?desTv:sarapatnaT‘s' Tht piStanVfeakhapatnam, Andhra Pradesh^firhnl nr ,io,Inspector, Visakhapatnam, Andhra Pradesh6. One CC to SRI. PRABHAKAR PERI Advocate [OPUC][OUT^° ^^'"Of^Pf^OHIBITION EXCISE. High Court of Andhra[Pradesh.]s' Tht piStanVfeakhapatnam, Andhra Pradesh^firhnl nr ,io,Inspector, Visakhapatnam, Andhra Pradesh6. One CC to SRI. PRABHAKAR PERI Advocate [OPUC][OUT^° ^^'"Of^Pf^OHIBITION EXCISE. High Court of Andhra[Pradesh.]
8. Three C.D.CopiesnmSK,
AP-
HIGH COURT
DATED:29/12/2023
ORDERWP.No.33366 of 2023
((C0p<2^A-Ppsojsia^
DISPOSING OF THE WPWITHOUT COSTS