IN THE HIGH COURT OF ANDHRA PRADESH :: AMAF (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 6796 OF 9n?g NIMMAGADDA Between: Kadiyala Lakshmi, W/o. Chinmaya Reddy, Aged about 34 years, R/o. Tatipatri Village Podalakur Mandal, SPSR Nellore District ...PETITIONER AND 1 ■ The State of Andhra Pradesh, Prohibition Secretariat, Velagapudi, Guntur District, 2. The Commissioner, Prohibition Krishna District. 3. The Deputy Commissioner, Prohibition SPSR Nellore District. 4. The District Prohibition and Excise Officer, District. 5. The Station House Officer, Podalakur, and Excise Department, Rep. by its Principal Secretary and Excise Department Vijayawada, and Excise Department Nellore, Nellore, SPSR Nellore SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue a writ or direction Writ of Mandamus under Article the action of the the High Court may more particularly in the nature of a 226 of the constitution of India declaring respondents in not issuing the Form-A4 license to the petitioner for shop with Gazette Serial Sunrise Wines situated in 7 Ankanams 56 in Podalakur village and Grampanchayat, arbitrary and Andhra Pradesh Excise No.NLR/1 54/2024-26 in the name sq. feet in Sy.No.181-1 and 180 SPSR Nellore District as illegal, (Grant of License of Selling by Shop i and Conditions of License) Rules, 2024 and consequently direct the respondents to grant shop license in Form A-4 to the petitioner for shop at Gazette Serial No.NLR/154/2024-26 in the premises situated in 7 ft Ankanams 56 sq. feet in Sy.No.181-1 and 180 in Podalakur village and Grampanchayat, SPSR Nellore District by continuing supply of stocks. lA NO: 1 OF 2025 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 consider the petitioner’s application for issuance of Form- A4 license at the shop situated in Sy.No. 181-1 and 180 in Podalakur village and Grampanchayat, SPSR Nellore District continuing supply of stocks, pending disposal of the Writ Petition. by Counsel for the Petitioner: SRI C. SUBODH Counsel for the Respondent Nos.1 to 4: GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER APHC010133162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMWIAGADDA WRIT PETITION NO: 6796/2025 [3329] THE Between; Kadiyala Lakshmi ...PETITIONER AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner; 1.C SUBODH Counsel for the Respondent(S); 1.GP FOR PROHIBITION EXCISE 2.GP FOR HOME The Court made the following ORDER: under Article 226 of the Constitution of India This Writ Petition is filed seeking the following relief; 1. direction more particularly in the nature under Article 226 of the constitution of “to issue a writ or of a Writ of Mandamus . India declaring the action of the respondents in not issuing the Form-A4 license to the petitioner for shop with Gazette Serial No NLR/154/2024-26 in the name Sunrise Wines situated in 1 Ankanams 56 sq. feet in Sy.No.181-1 and 180 in Podalakur village and Grampanchayat, SPSR Nellore District, as illegal arbitrary and Andhra Pradesh Excise Grant of License of Setting by Shop and Conditions ofLicense Ruies 2024 and consequently direct the respondents to grant shop license in Form A4 to the petitioner for shop at Gazette Serial No NLR/154/202426 in the premises situated in 7 Ankanams 56 sq feet in Sy No 1811 and 180 in Podalakur village and Grampanchayat SPSR District by continuing supply of stocks and order or orders...” Nellore to pass such other 2. The learned counsel for the petitioner submits that the petitioner was Made Foreign Liquor respondent for establishing a shop Podalakuru Mandai, SPSR Nellore granted a provisional license for the sale of Indian (IMFL) and Foreign Liquor by the 4th anywhere within the Jurisdiction of, District. Holding the provisional license, the petitioner selected premises at Plot No. 220 of Sy. No. 339/C, Thoderu Village. Podalakuru Mandai, SPSR Nellore District, for establishing the shop and for obtaining license. The petitioner also executed a regular Form-A4 a counter-part agreement as per Rule 18 for Selling by Shop and the lease agreement along On 04.11.2024, i.e., respondents Nos. 4 and of the Andhra Pradesh Excise (Grant of License Conditions of License) Rules, 2024, and submitted with other required documents for the grant of the A-4 license. after an inspection by the respondent authorities, i 5, it was found that the selected premises was within 40 meters radius of the Excise (Grant of License for 2024. Accordingly, the a new premises for the grant of an A-4 respondents Nos. 4 and 5, the 181-1 and 180 in Podalakuru highway, which is contrary to the Andhra Pradesh Selling by Shop and Conditions of License) Rules petitioner was instructed to select license. In compliance with the instructions of petitioner selected another premises at Sy. No. SPSR Nellore District, for establishing the shop the petitioner entered into an agreement 14.11.2024 and also submitted a bank Village and Gram Panchayat under Form-A4. For this purpose with the owner of the premises on with the blueprint of the plan to respondent No. 5. However, guarantee along despite the submission the respondents Nos. 4 and 5 license in favor of the petitioner. Hence the writ petition. of all required documents, for one reason or the other, have neither considered nor granted the A-4 learned Government Pleader appearing for the documents before this Court, the representation, application, nor proposal filed before the concerned authorities for On the other hand, the 3. respondents submits that, except filing petitioner has neither submitted any attaching the documents to be consideration and grant of an A-4 license pursuant to the provisional license already granted in favor of the petitioner, if the petitioner submits the required will be considered. I documents before respondents Nos. 4 and 5, the same and pass an appropriate order in accordance with the law. counsel for the petitioner and the learned Prohibition and Excise Department appearing for the Heard the learned 4. Government Pleader for respondents. submissions made by the learned counsel for appearing for the Having considered the and the learned Government Pleader 5. the petitioner respondents, and on of the considered view that, without going perusal of the material available on record, this Court is into the merits of the case, the present writ petition can be disposed of by directing the petitioner fresh representation/application along with the required documents, i new lease agreement dated 14.11.2024 and the to submit a , i.e., the counter-part agreement as required under Rule 18 of Rules 2024, dated 13.10.2024, within a period of one (01 )week from the receipt of a copy of this order. Upon submission of the same, the respondents Nos. 4 and 5 are directed to consider the application and pass an appropriate order accordingly within a period of two (02) weeks thereafter. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/- M SRiNfVAS ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER To, 1. The Principal Secretary, Prohibition and Excise Department, Secretariat, Velagapudi, Guntur District 2. The Commissioner, Prohibition and Excise Department, Vijayawada, Krishna District. 3. The Deputy Commissioner, Prohibition and Excise Department Nellore, SPSR Nellore District. 4. The District Prohibition and Excise Officer, Nellore District. 5. The Station House Officer, Podalakur, SPSR Nellore District. 6. One CC to Sri C. Subodh, Advocate [OPUC] 7. Two CCs to GP for Prohibition & Excise [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. 9. Three CD Copies. SPSR Nellore High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:20/03/2025 ORDER WP.No.6796 of 2025 2 7 m 7C25 M ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS