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2025 DAILYLAW 19902 (AP)

M/s Sri Padmavathi Restaurant & Bar at D.No.15-2-68 v. The State of Andhra Pradesh

WP/569/2016 · 2025-07-31

Subba Reddy Satti

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Judgment text

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APHC010279562016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 569/2016 Between: 1. M/S SRI PADMAVATHI RESTAURANT & BAR AT D.NO.15-2-68, JAMES GARDEN, NELLORE, NELLORE MUNICIPAL CORPORATION OF SPSR NELLORE DISTRICT, REP. BY SRI MOCHERLA UMA MAHESWARA RAO S/O KOTAIAH, AGE ABOUT 56 YEARS, OCC: BUSINESS, R/O FLAT NO.G-3, SAI ASHRAYA, RAMJINAGAR, OPP. SAI BABA TEMPLE, NELLORE TOWN. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE-II) DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER OF PROHIBITION EXCISE, STATE OF ANDHRA PRADESH, EXCISE BHAVAN, J.N.ROAD, HYDERABAD. 3. THE PROHIBITION EXCISE SUPERINTENDENT, NELLORE UNIT, SPSR NELLORE DISTRICT AT NELLORE. 4. THE COMMISSIONER, MUNICIPAL CORPORATION NELLORE TOWN, REP. BY ITS HEALTH OFFICER, MUNICIPAL CORPORATION OF NELLORE, SPSR NELLORE DISTRICT. 5. M/S STAR WINES, A4 LICENSEE & MUNICIPAL CORPORATION OF NELLORE TOWN, JAMES GARDEN, NELLORE DISTRICT AT NELLORE SPSR NELLORE DISTRICT, REP. BY MAMIDALA MADHU S/O MALIYADRI, AGE ABOUT 40 YEARS, OCC: BUSINESS. ...RESPONDENT(S): SRS,J W.P.No.569 of 2016 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 toto issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the Proceedings Roc.No.10978/2015/F2, dated 29-12-2015, in respect of petitioner's 2B Bar Licensee in the name and style of M/s Sri Padmavathi Restaurant and Bar at D.No.15-2-68, James Garden, Nellore, as illegal, arbitrary and contrary to law consequently direct the 2nd respondents to issue 2B Bar licence in the name and style of M/s Sri Padmavathi Restaurant and Bar at D.NO.15-2-68, James Garden, Nellore, and to pass IA NO: 1 OF 2016(WPMP 701 OF 2016 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 suspend the 4th respondent proceedings vide Roc.No.10978/2015/F2, dated 29-12-2015 in respect of petitioner's 2B Bar licence in the name and style of M/s Sri Padmavathi Restaurant and Bar at D.NO.15-2-68, James Garden, Nellore pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. BOLLEPALLI SAI RAM GOUD Counsel for the Respondent(S): 1. ANCHA PANDURANGA RAO 2. GP FOR PROHIBITION & EXCISE (AP) 3. N BHARAT BABU 4. GP FOR PROHIBITION EXCISE (AP) The Court made the following: ::ORDER:: Impugning the proceedings issued by respondent No.4 vide Roc.No.10978/2015/F2, dated 29.12.2015 canceling ‘No Objection, Sanitary Certificate and D & O Trade Licenses, issued in favour of Sri Padmavathi Restaurant and Bar. Page 3 of 4 SRS,J W.P.No.569 of 2016 2. The writ petition was admitted on 13.10.2016 and interim order was granted in W.P.M.P.No.701 of 2016 suspending the impugned proceedings. 3. Today when the matter is taken up, there is no representation for the petitioner. Learned Assistant Government Pleader for Prohibition and Excise submitted that by afflux of time, cause in this writ petition does not survive. 4. Recording the submission of learned Assistant Government Pleader for Prohibition and Excise, this writ petition is closed. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.08.2025 IKN SRS,J W.P.No.569 of 2016 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 569 of 2016 Date: 01.08.2025 IKN