APHC010398472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20179/2025 Between: 1. SURAGANI NARASIMHA RAO, S/O. CHINNA VENKATESWARULU, AGED ABOUT 56 YEARS, R/O. PLOT NO.406, VIASHNAVI AVENUE, POLIMERA ROAD, CHIRALA, BAPATIA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, (EXCISE-LL) REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, ONGOLE, PRAKASHAM DISTRICT. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, BAPATLA, BAPATLA DISTRICT. ...RESPONDENT(S) 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent No.2 to 4 in not considering the application Dt.17.04.2025 and permitting the petitioner to shift his A-4 shop bearing license No. L.No.BPL/80/2024-26 in terms of Rule 26 of Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 as illegal, arbitrary and contrary to the provisions of AP Excise Act, 1968 and Rules, 2024 and consequently direct the respondent No.2 to 4 to consider the application Dt. 17.04.2025 and permit the petitioner to shift his A4 shop from existing premises to new premises i.e. D.No.14-39, Desaipet village, Vetapalem Mandal, Bapatla District and pass such 2 IA 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 respondent No.2 to 4 to consider the application dt.17.04.2025 made by the petitioner and permit him to shift his A-4 shop bearing license No. L.No.BPL/80/2024- 26 pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20179 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent Nos.2 to 4 in not considering the application Dt.17.04.2025 and permitting the petitioner to shift his A-4 shop bearing license No. L.No.BPL/80/2024-26 in terms of Rule 26 of Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 as illegal, arbitrary and contrary to the provisions of AP Excise Act, 1968 and Rules, 2024 and consequently direct the respondent Nos.2 to 4 to consider the application Dt. 17.04.2025 and permit the petitioner to shift his A4 shop from existing premises to new premises i.e. D.No.14-39, Desaipet village, Vetapalem Mandal, Bapatla District and pass such other or further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner herein made an application dated 17.04.2025 permitting him to shift his shop to other premises in terms of Rule 26 of Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 but the respondent authorities have not taken any action so far. 3. Learned Government Pleader for Excise Department would submit that an objection petitions have been received from the 4 residents of the Desaipet Village, Vetapalem Mandal against the relocation of the shop in their locality and the enquiry is going on and the District Collector also forwarded the complaint to the concerned authority and requested time to file counter. 4. In view of the above said circumstances, without going into merits of the case, this Court deems it appropriate to dispose of the present writ petition directing the respondent authorities to conclude the enquiry against the petitioner as expeditiously as possible and also directing the petitioner to cooperate with the enquiry to be conducted by the respondent authorities, failing which, the respondent authorities shall pass appropriate orders against the petitioner. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 04.08.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:20179 of 2025 Date : 04.08.2025 SPP