IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13191 OF 2025 Between: G. Surendra, S/o Ramaiah, Aged 55 years, R/o Beramgunta, Alluru Mandal, SPSR Nellore -524315. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Prohibition and Excise Department, Secretariat, Velagapudi, Amaravati. i 2. The Commissioner, Prohibition and Excise Department, Station Road, Mangalagiri, Amaravati, Guntur District - 522503 3. The Deputy Commissioner, Prohibition and Excise Department, SPSR Nellore, SPSR Nellore District. 4. The District Prohibition and Excise Officer, SPSR Nellore District, Nellore. 5. The Station House Officer, Prohibition and Excise Station Kovvur, SPSR Nellore 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 be pleased to issue a Writ or an order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities particularly the 4*' and 5'" respondent herein in not granting the permission to the petitioner from shifting the existing Bar and Restaurant under License No,47/2022-2025 from the 8-10-57 in survey No. 138, Ward No. 1, BBC Colony, Alluru Nagar, SPSR may premises bearing No. D.No. District to the new premises bearing No. D.No.3-1-9/3, R.l. Road, Alluru Mandal, SPSR Nellore District •. >• ‘ Aiiupu\yife , as highly arbitrary, 'illegal,, null and void and in violation of Articlel9-(1) (g) of Constitution of India and consequently direct the respondent authorities to permit the petitioner to shift the Bar and Restaurant under License No.47/2022-2025 from the premises in D.No.8-10-57 in survey No. 138, Ward No.I, BBC Colony, Alluru Nagar, SPSR Nellore District to the new premises bearing no. D.No.3-1-9/3, R.l. Road, Alluru Village, Alluru Mandal, SPSR Nellore District. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondent authorities to pass appropriate orders for No.47/2022-2025 to the shifting of Bar and Restaurant under License premises in D.No.3-1-9/3, R.l. Road, Alluru Village, Alluru Mandal Nellore District, Pending disposal of the above new , SPSR writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER APHC010263202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13191/2025 Between; G Surendra ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent(S): 1 .GP FOR PROHIBITION EXCISE «■ 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13191/2025 The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ or an order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities particularly the 4th and respondent herein in not granting the permission to the petitioner from shifting the existing Bar and Restaurant under License No,47/2022-2025 from the premises bearing No. D.No.8-10-57 in survey No. 138, Ward No.1, BBC Colony, Alluru Nagar, SPSR Nellore District to the new premises bearing No. D.No.3-1-9/3, R.l. Road, Alluru Village , Alluru Mandal, SPSR Nellore District as highly arbitrary, illegal, null and void and in violation of Articlel9-(1) (g) of Constitution of India and consequently direct the respondent authorities to permit the petitioner to shift the Bar and Restaurant under License No.47/2022-2025 from the premises in D.No.8- 10-57 in survey No. 138, Ward No.l, BBC Colony, Alluru Nagar, SPSR Nellore District to the new premises bearing no. D.No.3-1- 9/3, R.l. Road, Alluru Village , Alluru Mandal, SPSR Nellore District and pass such other order. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. The learned counsel for the petitioner submits that the petitioner made an application to the 4**^ respondent seeking for permission to shift the existing bar and restaurant, operating under License No. 47/2022- 2025, from the premises bearing D.No. 8-10-57 in Survey No. 138, Ward 3 No. 1, BBC Colony, Alluru Nagar, SPSR Nellore District, to new premises bearing D.No. 3-1-9/3, R.l. Road, Alluru Village, Alluru Mandal, SPSR Nellore District. He further submits that upon receipt of the petitioner’s application, the 4th respondent forwarded the same to the 5th respondent for examination and to submit a report, vide proceedings in Rc.92.2022/A1, dated 05.09.2024. However, even after receipt of the application, the respondent authorities neither considered nor issued any other proceedings. Hence, the present writ petition. On the other hand, the learned counsel for the respondents 4. nd submits that if the petitioner submits a fresh representation to the 2 respondent, who is the competent authority, i.e., the Commissioner, Prohibition and Excise Department, the 2'^^ respondent shall consider the same and pass an appropriate order in accordance with law within a reasonable time. Having regard to the submissions made by the learned counsel for 5. the petitioner and the learned counsel for the respondents, on perusal of the material available on record, this court is of the considered view that. the present writ petition can be disposed of by directing the petitioner to make a fresh representation to the 2"'^ respondent who is the competent authority, i.e., the Commissioner, Prohibition and Excise Department to 4 f redress the claim of the petitioner within a period of two (02) weeks from the date of receipt of the copy of this order. Upon receiving such submission, the 2'^'^ respondent shall consider the same and pass appropriate order after providing opportunity of hearing to the petitioner and stakeholders, if any in accordance with law within a period of three (03) weeks thereafter and communicate the same to the petitioner within reasonable time. 6. With the above direction, 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/- SHAIK MOHD. RAFI ASSISTANT REG STRAH / //TRUE COPY// SECTION OFFICER .. « To. 1. The Principal Secretary, Prohibition and Excise Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Commissioner, Prohibition and Excise Department, Station Road, Mangalagiri, Amaravati, Guntur District - 522503 3. The Deputy Commissioner, Prohibition and Excise Department, SPSR Nellore, SPSR Nellore District. 4. The District Prohibition and Excise Officer, SPSR Nellore District, Nellore. 5. The Station House Officer, Prohibition and Excise Station Kovvur, SPSR Nellore District. 6. One CC to Sri Balaji Medamalli, Advocate [OPUC] 7. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] 8. Three CD Cooies. HIGH COURT DATED:09/05/2025 ORDER WP.No.13191 of 2025 13 JUN 2025 " ^ . Current aecuon X DISPOSING OF THE W.P. WITHOUT COSTS