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High Court of Andhra Pradesh · body

2025 DAILYLAW 29374 (AP)

Smt.K.Swarrna Kumari v. The State of Andhra Pradesh

WP/21463/2025 · 2025-09-01

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

t APHC010420482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21463 OF 2025 Between: Smt.K.Swarrna Kumari, W/o.K.V.V.Ramaprasada Rao Aged 56 Years, Occ- Business R/o.D.No. 12-204, Koppisettyvaari Street Kothapeta, Dr.B.R.Ambedkar Konaseema District Andhra Pradesh 1. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue (Excise) Department, A.P.Secretariat Velagapudi, Amaravati, Guntur District Andhra Pradesh 2. The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada 3. The District Prohibition and Excise Officer, Dr.B.R.Ambedkar Konaseema District, Amalapuram ...Respondents 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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 3rd respondent in returning the proposals for shifting of shop for the sale of Indian made Foreign Liquor and foreign liquor by shop from the existing place to the proposed place at i D.No.314/2, Peruru Village, Amalapuram Rural Mandal vide his letter dt.23- 06-2025 on the ground that proposed premises is attracting the disqualifications in Rule 24 of G.O.Ms.No.210 dt.30-09-2024 and choose another suitable premises and deferring to issue A-4 Regular License as highly illegal, arbitrary, discriminatory besides violative of Art. 14 and 19 of the Constitution of India and consequently direct the respondents 3 and 4 to permit the petitioner to establish the shop at the proposed premises and issue regular A-4 license. lA 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 respondents to consider my request for relocating the liquor shop at D.No.314/2 of Peruvuru Village, Amalapuram Mandal, Dr.B.R.Ambedkar Konaseema District, AP pending disposal of the above writ petition. Counsel for the Petitioner: SRI YASWANTH GADE Counsel for the Respondents: GP FOR PROHIBITION EXCISE The Court made the followingorder: APHC010420482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21463 of 2025 [3330] ^^TsMT K SWARRNA KUMARI, W/O.K.V.V.RAMAPRASADA RAO R/O.D.NO.12-204, KOTHAPETA, ANDHRA AGED 56 YEARS, OCC- BUSINESS KOPPISETTYVAARI DR.B.R.AMBEDKAR KONASEEMA DISTRICT PRADESH STREET ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL DEPARTMENT, REVENUE (EXCISE) VELAGAPUDI, AMARAVATI, GUNTUR SECRETARY A.P.SECRETARIAT DISTRICT ANDHRA PRADESH 2 THE COMMISSIONER OF ANDHRA PRADESH, VIJAYAWADA 3.THE DISTRICT PROHIBITION AND EXCISE OFFICER, DR B R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM ...RESPONDENT(S): PROHIBITION AND EXCISE, 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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 3rd respondent in returning the proposals for shifting of shop for the sale of Indian made Foreign Liquor and foreign liquor by shop from the existing place to the proposed place at D.No.314/2, Peruru Village Amatapuram Rural Mandal vide his letter dt.23-06-2025 on the ground that proposed premises is attracting the disqualifications in Rule 24 oT G.O.Ms.No.210 dt.30-09-2024 and choose another suitable premises and deferring to issue A-4 Regular License as highly illegal, arbitrary. < 2 discriminatory besides violative of Art.14 and 19 of the Constitution of India and consequently direct the respondents 3 and 4 to permit the petitioner to establish the shop at the proposed premises and issue regular A-4 license. Counsel for the Petitioner: 1.YASWANTH GADE Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 3'^'^ respondent in returning the proposals for shifting of shop for the sale of Indian made Foreign Liquor and foreign liquor by shop from the existing place to the proposed place at D.No.314/2, Peruru Village, Amalapuram Rural Madal vide his letter dt.23-06-2025 on the ground that proposed premises is attracting the disqualifications in Rule 24 of G.O.Ms.No.210 dt.30-09-2024 and choose another suitable premises and deferring to issue A-4 Regular License as highly illegal, arbitrary, discriminatory besides violative of Art. 14 and 19 of the Constitution of India and consequently direct the respondents 3 and 4 to permit the petitioner to establish the shop at the proposed premises and issue regular A-4 licence and pass such other order " Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. After arguing for some time, learned counsel for the petitioner requested the Court to grant some time to enable the petitioner to relocate her shop from the existing premises to some other place. 3. Therefore, this Court is inclined to dispose of the present Writ Petition at the admission stage with the following observations: 4. 4 (i) The petitioner is hereby directed to submit a representation before the competent authority addressing her grievance within a period of one week from the date of receipt of the order, including to grant time to relocate the shop to some other place; (ii) On submitting such explanation by the petitioner, the respondent authorities are directed to consider the same and grant a reasonable time to the petitioner for relocating the shop from the existing place to another place. Accordingly, the present Writ Petition is disposed of. There shall be no order as to costs. 5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU assistant registrar //TRUE COPY// SECTION OFFICER To, Revenue (Excise) Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Amaravati, Guntur District Andhra Pradesh 2. The Commissioner of Prohibition Vijayawada 3. The District Prohibition Konaseema District, Amalapuram 4. One CC to 5. Two CCs to GP For Pradesh [OUT] 6. Two CD Copies GSC 1. The Principal Secretary and Excise, Andhra, Pradesh, Dr.B.R.Ambedkar and Excise Officer Sri. Yaswanth Gade Advocate [OPUC] Prohibition and Excise, High Court of Andhra HIGH COURT DATED;02/09/2025 ORDER WP NO. 21463 OF 2025 ® 2 3 SEP 2QB irrgntSactigfl^^ iO 5 Co DISPOSING THE WP WITHOUT COSTS