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2025 DAILYLAW 2689 (AP)

Kamuju Rambabu v. THE STATE OF ANDHRA PRADESH

WP/390/2025 · 2025-01-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAtK (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT ''w-' HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 390 OF 2025 Between: Kamuju Rambabu, S/o. Satyanarayana, aged about 45 years, Occ: Kirana Bussiness, R/o 1-116 Market road, Katrinikona Village, Katrinikona Mandal Dr.Br.Amdkar Konaseema Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its principal secretary. Revenue (Excise) department, secretariat buildings velagapudi, Amaravati 2. The Commissioner/Director, Prohibition and excise, AP, Vijayawada. 3. The District Prohibition and Excise Officer/Licensing Authority, Dr.Br.Ambedkar Konaseema Dist. Amalapuram 4. The Station House Officer, Prohibition and excise station Mummidiyaram,Dr.Br.Amdkar Konaseema Dist 5. The Dist Collector, , Dr.Br.Ambedkar Konaseema Dist.Amalapura m . 6. The Superintendent of Police, Dr.Br.Ambedkar Konaseema Dist. Amalapuram 7. The Station House officer, Katrinikona'^’Police station, Katrinikona Mandal Dr.Br.Amdkar Konaseema Dist. 8. The Katrenikona Grama Panchayat, rep by its secretary, Katrinikona Village Katrinikona Mandal Dr.Br.Amdkar Ko^seema Dist. 9. The Circle Inspector of Police, Mummidivaram Circle Dr.Br.Amdkar Konaseema Dist 10. Sri Kunchanapalli Putrayya, S/o Subbarao aged about major, proprietor of Liquor Shop No KSM/61 D.No.3-4, Katrinikona Village, Katrinikona Mandal, Dr.Br.Amdkar Konaseema Dist.'-^ ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly in the nature of Writ of Mandamus to declaring the high handed action on the part of the j^spondents herein to allowing the 10th respondent liquor shop no KSM/ 61 open a situated at Gate center Katrenikona Village and Mandal Head Quarter of Dr.Br.Ambedkar Konaseema Dist, withoui considering complaints through PGRS Program dt 03-11-^024, dt 15-11-M24, dt.04-11-2024 of the petitioner including villagers of the Katrenikona Gram panchayat is highly illegal arbitrary and violative of article 14,19,21 of the constitution of India and consequentiall y to direct the respondents immediately to shift the Liquor shop no KSM/ 61 of the 10th respondent from the Gate center Katrenikona Village. lA NO: 1 OF 2025 one Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleas^ to direct the respondents immediately to shift the Liquor shop no KSM/ 61 of the 10th respondent from the Gate center; Katrenikona Village as per complaints through PGRS Program dt 03-11-2024, dt 15-11-2024, dt.04-11-2024 of the petitioner including villagers of the Katrenikona Gram panchayat pending disposal of the above writ petition. Counsel for the Petitioner: SRI BOKKA SATYANARAYANAJ<AMLA Counsel for the Respondent Nos. 1 to 4 : GP FOR PROHIBITION & EXCISE Counsel for the Respondent Nos. 6, 7 & 9: GP FOR HOME Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.8: MS. K SOWMYA REPRESENTING SRI Y KOTESWARAS RAO \y' Counsel for the Respondent No.10: — The Court made the following: ORDER [3328] APHC010006472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 390/2025 Between: 1.KAMUJU RAMBABU, S/0 SATYANARAYANA AGED ABOUT 45 YEARS,OCC KIRANA BUSSINESS, R/0 1-116 MARKET ROAD, KATRINIKONA VILLAGE . KATRINIKONA MANDAL DR.BR.AMDKAR KONASEEMA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI 2. THE COMMISSIONER/DIRECTOR PROHIBITION AND EXCISE, AP, VIJAYAWADA. 3. THE DISTRICT PROHIBITION AND EXCISE OFFICER/LICENSING DR.BR.AMBEDKAR KONASEEMA DIST. AUTHORITY, AMALAPURAM 4. THE STATION HOUSE OFFICER, , PROHIBITION AND EXCISE STATION MUMMIDIVARAM,DR.BR.AMDKAR KONASEEMA DIST 5. THE DIST COLLECTOR, , DR.BR.AMBEDKAR KONASEEMA DIST. AMALAPURAM 6. THE SUPERINTENDENT OF POLICE, KONASEEMA DIST. AMALAPURAM DR.BR.AMBEDKAR 2 7. THE STATION HOUSE OFFICER KATRINIKONA POLICE STATION, KATRINIKONA MANDAL DR.BR.AMDKAR KONASEEMA DIST. 8. THE KATRENIKONA GRAMA PANCHAYAT SECRETARY, DR.BR.AMDKAR KONASEEMA DIST. 9. THE CIRCLE INSPECTOR OF POLICE, MUMMIDIVARAM CIRCLE DR.BR.AMDKAR KONASEEMA DIST REP BY ITS KATRINIKONA VILLAGE KATRINIKONA MANDAL 10.SRI KUNCHANAPALLI PUTRAYYA, S/0 SUBBARAO AGED ABOUT MAJOR, PROPRIETOR OF LIQUOR SHOP NO KSM/61 D NO 3- 4KATRINIKONA VILLAGE DR.BR.AMDKAR KONASEEMA DIST. KATRINIKONA MANDAL ...RESPONDENT(S); Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE 2.GP FOR HOME 3.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Bokka Satyanarayana Kamla, learned Counsel for the Writ Petitioner; Sri J. Krishna Praneeth, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration; Sri M. Srinu Babu, Learned Assistant Government Pleader for Excise and Ms. K. Sowmya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao Standing Counsel for Gram Panchayat, ZPPs & MPPs. 2. Learned Counsel for the Writ Petitioner submits that he has instructions to challenge the Rules, and therefore, seeks to withdraw this Writ Petition with liberty to file fresh Writ Petition challenging the very Rules itself permitting establishment of liquor shops in the residential areas as well as in learned 3 the areas where persons belonging to Schedule Caste and Schedule Tribe reside. piSi 3. Request granted. 4. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the Writ Petitioner to challenge the Rules. No Order as to Costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. SDI- M.PRABHAKARA RAO ASSISTANT REGIS i RAR //TRUE COPY// s SECTION OFFICER To, V 1. One CC to Sri Bokka Satyanarayana Kamla Advocate [OPUC] Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Home’lHigh Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Sri Y Kote"^ara Rao (SC for ZPPS, MPPs & Gram Panchayat), Advocate [OPUC] Three CD Copies 2. 3. 4. 5. 6. TF f HIGH COURT DATED:20/01/2025 ORDER WP.No.390 of 2025 21 FEB 2025 ^ . Current Section DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS