> IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27553 OF 2024 Between: 1. Nethala Salman, S/o Nethala Elisha aged about 47 years occ Auto driver, R/o D. No 2-53, Harijana Peta.Near Church, Gollalakoderu Village, Palakoderu mandal, west Godavari dist. 2. Devabarikina Ratna Kala, W/o D. Solmon aged about 44 years occ Presently Member of the 4th ward of Gollalakoderu Gram Panchayat, R/o D No 2-57, Harijana Peta, Near Church, Gollalakoderu Village, Palakoderu mandal, west Godavari dist. 3. Dasari Ananda Kumari, W/o Raja Shekar aged about 24 years Presently Member of the 3th ward of Gollalakoderu Gram Panchayat, D no 2-7/3, Harijana Peta,Near Church, Gollalakoderu Village, Palakoderu mandal, west Godavari dist. 4. St Paul Lutheran Temple, rep by founder Devabarikina Solmon Raju S/o David aged about 51 years occ Electrician, D. No 2-57, Harijana Peta,Near Church,Gollalakoderu Village Palaakoderu mandal, west Godavari dist. 5. .Nethala Raju, S/o Narasimha murthy aged about 41 years occ Business D No 2-61 harijana Peta, Near Church,Gollalakoderu Village,Palakoderu mandal,west Godavari dist. ...Petitioners 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,West Godavari Dist, Bheemavaram 4. The Station House Officer, Prohibition and excise station Bhimavaram.West Godavari Dist 5. The Dist Collector, West Godavari Dist, Bhimavaram 6. The Superintendent of Police, West Godavari Dist, Bhimavaram ^ 1. The Station House officer, Palakoderu Police station, Palakoderu Mandal, West Godavari Dist. 8. The GollalaKoderu Grama Panchayat, rep by its secretary, Gollalakoderuvillage, PalakoderuMandal, West Godavaridist. 9. The PalaKoderu Gram Panchayat, rep by its secretary, palakoderu village, pala koderu mandal, west Godavari dist. 10. Sri Pulagam Venkata Satynarayana, S/o Parasuram aged about major, proprietor of Liquor Shop No 58/A4 Gollalakoderu/Palakoderu Revenue Village, Palakoderu mandal.west Godavari dist. ,4 > v! ...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 Writ of Mandamus to declaring the high handed action on the part of the respondents herein to allowing the 10th respondent to open a liquor shop no 58/A4 on 20-11-2024 situated at harijanapeta area adjacent to the Christian burial ground of gollalakoderu grampanchyat/ palakoderu revenue village, without considering the resolution of the gollalakoderu gram panchayat dt 21-11-2024 and complaints through PGRS Program dt 18-11- 2024 of the villagers of the Gollalakoderu Gram panchayat is highly illegal arbitrary and violative of article 14,19,21 constitution of india and consequen tially to direct the respondents immediately to shift the Liquor shop no 58/A4 of the 10‘^ respondent and not allowing the sale in the area of the petitioners/harijanapeta gollalakoderu village, gram panchayat/ revenue village of palakoderu mandal west Godavari dist as per the resolution of the gollalakoderu gram panchayat dt 21-11-2024 and complaints through PGRS Program dt 18-11-2024 of the villagers of the Gollalakoderu Gram panchayat. lA NO: 1 OF 2024 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 immediately to shift the Liquor shop no 58/A4 of the 10*^ respondent and not allowing the sale in the area of the ^ petitioners/harijanapeta gollalakoderu village, gram panchayat/ revenue village of palakoderu mandal west Godavari dist as per the resolution of the gollalakoderu gram panchayat dt 21-11-2024 and complaints through PGRS Program dt 18-11-2024 of the villagers of the Gollalakoderu Gram panchayat pending disposal of the above writ petition. Counsel for the Petitioners: SRI BOKKA SATYANARAYANA KAMLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER [3328] APHC010528912024 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: 27553/2024 Between: 1.NETHALA SALMAN, S/0 NETHALA ELISHA AGED ABOUT 47 YEARS OCC AUTO DRIVER, R/0 D. NO 2-53, HARIJANA PETA.NEAR CHURCH, GOLLALAKODERU VILLAGE PALAKODERU MAN DAL, WEST GODAVARI DIST. 2.DEVABARIKINA RATNA KALA, W/0 D. SOLMON AGED ABOUT 44 YEARS OCC PRESENTLY MEMBER OF THE 4TH WARD OF GOLLALAKODERU GRAM PANCHAYAT, R/0 D NO 2-57, HARIJANA GOLLALAKODERU VILLAGE , PETA, NEAR CHURCH, PALAKODERU MANDAL, WEST GODAVARI DIST. 3.DASARI ANANDA KUMARI, W/0 RAJA SHEKAR AGED ABOUT 24 YEARS PRESENTLY MEMBER OF THE 3TH WARD OF GOLLALAKODERU GRAM PANCHAYAT, D NO 2-7/3, HARIJANA PETA,NEAR CHURCH, GOLLALAKODERU VILLAGE PALAKODERU MANDAL, WEST GODAVARI DIST. 4.ST PAUL LUTHERAN TEMPLE, REP BY FOUNDER DEVABARIKINA SOLMON RAJU S/0 DAVID AGED ABOUT 51 YEARS OCC ELECTRICIAN, D. NO 2-57 CHURCH,GOLLALAKODERU VILLAGE PALAAKODERU MANDAL WEST GODAVARI DIST. HARIJANA PETA,NEAR 5..NETHALA RAJU, S/0 NARASIMHA MURTHY AGED ABOUT 41 HARIJANA PETA, NEAR ,PALAKODERU YEARS OCC BUSINESS D NO 2-61 CHURCH,GOLLALAKODERU VILLAGE 2 MANDAL.WEST GODAVARI DIST. ...PETITIONER(S) 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 .WEST GODAVARI DIST.BHEEMAVARAM 4. THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE STATION BHIMAVARAM.WEST GODAVARI DIST 5. THE DIST COLLECTOR, WEST GODAVARI DIST, BHIMAVARAM 6. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DIST, BHIMAVARAM 7. THE STATION HOUSE OFFICER, PALAKODERU POLICE STATION PALAKODERU MANUAL, WEST GODAVARI DIST. 8. THE GOLLALAKODERU GRAMA PANCHAYAT, REP BY ITS GOLLALAKODERUVILLAGE, SECRETARY, PALAKODERUMANDAL, WEST GODAVARIDIST. 9. THE PALAKODERU GRAM PANCHAYAT, REP BY ITS SECRETARY, PALAKODERU VILLAGE, PALA KODERU MANUAL, WEST GODAVARI DIST. 10.SRI PULAGAM VENKATA SATYNARAYANA, S/0 PARASURAM AGED ABOUT MAJOR, PROPRIETOR OF LIQUOR SHOP NO 58/A4 GOLLALAKODERU/PALAKODERU PALAKODERU MANDAL.WEST GODAVARI DIST. REVENUE VILLAGE, ...RESPONDENT(S): Counsel for the Petitioner(S): 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 3 1.GP FOR HOME 2.GP FOR REVENUE S.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads.Mandal Praja Parishads and Gra 4.TURAGA SAI SURYA The Court made the following ORAL ORDER: Heard Sri Bokka Satyanarayana Kamla, learned Counsel for the Writ Petitioners; 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, learned Standing Counsel for Gram Panchayat, ZPPs & MPPs. 2. Learned Counsel for the Writ Petitioners 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 the areas where persons belonging to Schedule Caste and Schedule Tribe reside. 3. Request granted. 4. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the Writ Petitioners to challenge the Rules. No Order as to Costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI BOKKA SATYANARAYANA KAMLA Advocate [OPUC] 2. Two CCS to GP FOR REVENUE (EXCISE), High Court of Andhra Pradesh [OUT] 3. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 4. One CC to SRI Y KOTESWARA RAO, Standing Counsel [OPUC] 5. One CC to SRI TUNGA SAI SURYA, Advocate [OPUC] 6. Three CD Copies VAK f- HIGH COURT I DATED:20/01/2025 ORDER 2 I FEB 2025 . Current Section 4£^SPATC\A^r^ WP.No.27553 of 2024 g. C9 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS