IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) r TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADD WRIT PETITION NO: 7324 OF 2025 Between: G. Kanneswara Rao, S/o. G. Suryarao, Aged about 56 years, R/o. D. No. 10- 206, Subrahmanyam swamy street, Vemagiri, Kadiyam mandal. East Godavari District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Prohibition - and Excise Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner Prohibition and Excise, Prohibition and Excise Department, Mangalagiri, Guntur District. 3. The Deputy Commissioner, Prohibition and Excise Department, Kakinada, Kakinada District. 4. The District Prohibition and Excise Officer, Rajamahendravaram, East Godavari District. 5. The Station House Officer, Prohibition and Excise Station, Korukonda, East Godavari District. ...RESPONDENTS 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 writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 2 to 4 herein in insisting the petitioner to shift the IMFL/FL shop from the premises bearing D. No. 8-137, Sita Nagaram(V), Sita Nagaram (M), East Godavari District commencing the business in pursuance of the Provisional Licence by the 4th respondent herein as the said proposed shop is situated contrary to Rule 24(5) of the Andhra Pradesh Excise (Grant of Selling by shop and Conditions of License) Rule, 2024 without notice and without any order is illegal, arbitrary and violative of principals of natural justice consequently direct the respondents to renew provisional license without insisting shifting of the petitioner's shop form the present license premises. lA NO: 1 OF 2025 after and 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 herein to permit the petitioner to continue the IMFL/FL Liquor shop in the present premises bearing D. No. 8-137, Sita Nagaram(V), Sita Nagaram (M), East Godavari District by renewing the provisional Licence in Gazette Serial EG/GK/04/2024-26, Rajamahendravaram forthwith pending disposal of the above writ petition. No. Gazette Serial No. Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER iA r' APHC010144112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3329] m TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7324/2025 Between: ...PETITIONER G. Kanneswara Rao, AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7324/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- To issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 to 4 herein in insisting the petitioner to shift the IMFUFL shop from the premises bearing D.No.8- 137, SIta Nagaram Village, Site Nagaram Mandal, East Godavari District after commencing the business in pursuance of the Provisional License by the 4^^ respondent herein as the said proposed shop is situated contrary to Rule 24(5) of the Andhra Pradesh Excise (Grant of Selling by shop and Conditions of License) Rule, 2024 without notice and without any order Is illegal, arbitrary and violative of principals of natural justice and consequently direct the respondents to renew provisional license without insisting shifting of the petitioner’s shop from the present license premises and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner was granted IMFL/FL provisional license. After that the petitioner chosen the premises i.e., D.No.8-137, Sita Nagaram Village, Sita Nagaram Mandal, East Godavari District and submitted the same by complying other conditions as per A.P. Excise Rules 2024 and he was granted A-4 license. But as per the measurements the temple is located 147 meters away from the petitioner’s licensed c shop and it is within the permissible limits. While things stood thus, respondent Nos.4 and 5 without issuing any notice directed the petitioner to shift the petitioner’s shop from the subject premises. 4. Further learned counsel for the petitioner submits that per Rule 24(3) of the Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2024, the premises shall be at least 100 meters away from the places of public worship, educational institutions and hospitals. In the present the shop was located 147 meters away from the temple. He further submits that as per the procedure contemplated under the Rules measure the distance from the temple to subject shop, they shall conduct survey, after issuing due notice to the petitioner and other stakeholders, if any. But without issuing any notice, the respondents cannot direct orally to shift the shop, contrary to the A.P. Excise Rules, 2024. Hence, the present Writ Petition. 5. On the other hand, learned Government Pleader for the the respondents will as per Rule 24(3) r/w 24(5) of the Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2024 and by complying principles of natural justice. as case to respondents submits that conduct survey/measurements afresh 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for 4 the respondents and on perusal of the material Writ Petition is disposed of directing the respondents petitioner to shift the shop without conducting placed on record, the not to insist the measurements by following due procedure as contemplated under Rule 24(3) r/w Rule 24(5) of Rules, 2024, apart from observing principles of natural justice. However, the respondents are at liberty to proceed further and to pass a speaking order, after issuing notice to the petitioner and after conducting measurements/enquiry in the presence of the petitioner as per the procedure contemplated under the law, within a period of two(2) weeks from the date of receipt of copy of this Order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 3. The Deputy Commissioner Kakinada, Kakinada District. 4. The District Prohibition and Excise Officer Godavari District. 5. The Staton House Officer, Prohibition East Godavari District. 6. One CC to Sri Mahadeva Kanthrigala Advocate to GP for Prohibition & Excise 8. Three CD Copies Prohibition and Excise Department, Rajamahendravaram, East and Excise Station, Korukonda,.^ [OPUC] High Court of Andhra Pradesh. TF HIGH COURT DATED:25/03/2025 ORDER WP.No.7324 of 2025 I 01 MAY 2025 Current Seciion m a DISPOSING OF THE W.P., WITHOUT COSTS