APHC010418672015 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: 43049/2015 Between: 1. K CHENNAKESAVULU NAIDU S/O. KRISHNAMA NAIDU, HINDU, OCC: LICENSEE OF A4 SHOP M/S. KOKA MANGO WINES, JAMBUVARIPALLI VILLAGE OF BANGARUPALEM MANDAL, CHITTOOR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY, PROH & EXCISE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD. 2. THE COMMISSIONER OF PROHIBITION EXCISE, ANDHRA PRADESH, HYDERABAD. 3. THE DY COMMISSIONER OF PROHIBITION EXCISE, CHITTOOR, CHITTOOR DIST. 4. THE PROHIBITION EXCISE SUPERINTENDENT, CHITTOOR, CHITTOOR DIST. 5. N P SURENDRA NAIDU, THE LICENSEE OF SURYA WINES THUMBAKUPPAM VILLAGE, BANGARUPALEM MANDAL, CHITTOOR DIST. ...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 SRS,J W.P.No.43049 of 2015 pleased toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declare the action on the part of the respondents 3 and 4 by permitting the 5th respondent to shift his wine shop namely Surya Wines from Thumbakupam Village to Jambuvaripalli Village of Bangarupalem Mandal, Chittoor District and presssured the petitioner to accept the same amounts to erroneous, arbitrary and violative of Article 14 and 21 of the Constitution of India besides being the Rules as envisaged under The AP Excise (Grant of License of Selling by shop and conditions of license) Rules 2012 and consequently direct the respondents not to permit the 5th respondent to shift his shop surya Wines from Thumbakupam Village of Jambuvaripalli Village of Bangarupalem Mandal, Chittoor District in the interest of justice and to pass IA NO: 1 OF 2015(WPMP 55501 OF 2015 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 3 and 4 not to allow the 5th respondent to shift his wine shop "Surya Wines" from Thumbakupam Village to Jambuvaripalli Village of Bangarupalem Mandal, Chittoor District pending disposal of the WP in the interest of justice and to pass Counsel for the Petitioner: 1. T C KRISHNAN Counsel for the Respondent(S): 1. GP FOR PROHIBITION (AP) 2. GP FOR PROHIBITION EXCISE (AP) The Court made the following: ::ORDER:: The above writ petition has been filed to declare the action of respondents 3 and 4 in permitting respondent No.5 to shift his wine shop namely Surya Wines from Thumbakupam village to Jambuvaripalli Village, Bangarupalem Mandal, Chittoor District, as illegal and arbitrary. 2. Counter affidavit was filed by respondent No.4, wherein it was pleaded at para No.9 that respondent No.5 has not submitted the representation SRS,J W.P.No.43049 of 2015 through the Station House officer, Chittoor (Rural) Station, giving his valid reasons to respondent No.2, through respondents 3 and 4 with shifting proposals. It is further pleaded that the writ petition is premature since there is no impugned order of shift of any shop. 3. The writ petition was listed on 04.01.2016 and thereafter, the matter underwent adjournment from time to time. 4. Today, when the matter is taken up, there is no representation for the petitioner. Learned Assistant Government Pleader for Prohibition and Excise, on instructions submitted that by afflux of time, cause in this writ petition does not survive. 5. 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.43049 of 2015 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 43049/2015 Date: 01.08.2025 IKN