IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28126 OF 2024 Between: 1. Gadiraju Krishna Raju, S/o Gadiraju Pullamraju, Aged about 50 /j;No-2-29, Post Office Street, Ganapavaram Mandal West Godavari, Andhra Pradesh-534197 2. Venkata Raju, S/o Gadiraju Pullamraju, Aged about 53 years, R/o H.No.9-115, Vaddila Street, Near Kanakadurgamma Temple Mandal, Pippara, West Godavari, Andhra Pradesh- 034197 3. Gadiraju V^kata Sitarama Raju, S/o Gadiraju Subbaraju Aged about 43 years R/o H.No.9-159, Vaddiia Street, Near Kanakadurgamma P T West Godavari, Andhra rradesh-534197 4. Gadrraju Satyanarayana Raju, Ramakrishnam Raju, Aged about 43 Temnie^r Kanakadurgamma Pra^esh-SMl'gr'^^'^^'^ '"'PP®''®' W®®* Godavari, Andhra '^®'®' ■ Pullamraju, Aged about years, R/o H.No^9-115, Vaddila Street, Near Kanakadurgamma Tempie Ganapavaram Mandal, Pippara, West Godavari 534197 years Pippara 50 Andhra Pradesh- ...Petitionera AND 1. The State of Andhra Pradesh, Rep by its Special Chief Secretary, Revenue (Prohibition and Excise) Department, Secretariat Amaravati, Guntur District, Andhra Pradesh. ®P'^ ^“'®®' Compiex, RS 3. The Deputy Commissioner of Prohibition and Excise Velagapudi , West Godavari 4. District Prohibition and Excise Officer, West Godavari Bhimavaram 5. Penamatsa Sandeep Verma, S/o Peddiraju Age Not known to Petitioners R/o D.No.2-47, Cement Road, Chinanindrakolan ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus praying that in or any other appropriate writ order or direction, declaring the action of the Respondents herein, particularly the Respondent No.4 herein in permitting/allot ting license to sell liquor in Residential Premises to the Respondent No.5 vide No.WG/115/2024-26/ W.G.District, Dt.08.11.2024 more License despite 4 having been submitted by thevarious objections Dt.04.11.2024 Residents/Petitioners herein, as being iilegai, arbitrary, and in vioiation of principles of naturai justice, the Andhra Pradesh Excise (Grant of Licenoe of Seiiing by Shop and Conditions of License) Rules, 2024 and Respondents herein to consequently to direct the remove the shop belonging to the Respondent No.5 premises and place it at a more appropriate herein from the residential location. lA NO: 1 OF 2n9d 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 herein objections raised by the Petitioners Dt.04.11.2024, pending disposal of the above Writ Petition.^ to consider and dispose the herein vide Representation lA NO: 2 OF 2074 Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the Respondents herein to praying that in the circumstances m support of the petition, the High Court may be ' suspend the operation of the r License bearing No.WG/115/2024-26/W.G.District, Dt.08.11.2024, pending disposal of the above Writ Petition. — Counsel for the Petitioners: SRI TRINATH CHOUDARY KOLLA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following order: 1 f APHC010537322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28126/2024 Between: 1.GADIRAJU KRISHNA RAJU, S/0 GADIRAJU PULLAMRAJU, AGED ABOUT 50 YEARS, R/0 H.NO.2-29, POST OFFICE STREET, GANAPAVARAM MANDAL, PIPPARA, WEST GODAVARI, ANDHRA PRADESH-534197 2.GADIRAJU VENKATA RAJU,, S/0 GADIRAJU PULLAMRAJU, AGED ABOUT 53 YEARS, R/0 H.NO.9-115, VADDILA STREET, NEAR KANAKADURGAMMA TEMPLE, GANAPAVARAM MANDAL, PIPPARA, WEST GODAVARI, ANDHRA PRADESH-534197 3. GADIRAJU VENKATA SITARAMA RAJU,, S/0 GADIRAJU SUBBARAJU AGED ABOUT 43 YEARS, R/0 H.NO.9-159, VADDILA STREET, NEAR KANAKADURGAMMA TEMPLE, GANAPAVARAM MANDAL, PIPPARA, WEST GODAVARI, ANDHRA PRADESH-534197 4.GADIRAJU SATYANARAYANA RAJU, RAMAKRISHNAM RAJU, AGED ABOUT 43 YEARS, R/0 H.N0.9- 115, VADDILA STREET, NEAR KANAKADURGAMMA TEMPLE, GANAPAVARAM MANDAL, PIPPARA, WEST GODAVARI, ANDHRA PRADESH-534197 GADIRAJU PULLAMRAJU, AGED ABOUT 50 YEARS, R/O H.NO.9-115, VADDILA STREET, NEAR KANAKADURGAMMA TEMPLE, GANAPAVARAM MANDAL, PIPPARA, WEST GODAVARI, ANDHRA PRADESH-534197 ..PETITIONERS{S) S/0 5.GADIRAJU SURYANARAYANA RAJU, AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, 'W'- 2 GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE COMMISSIONER OF PROHIBITION AND EXCISE, EXCISE COMPLEX, RS N0.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108. 3.THE DEPUTY COMMISSIONER OF PROHIBITION AND WEST GODAVARI 4. DISTRICT PROHIBITION AND EXCISE OFFICER, WEST GODAVARI BHIMAVARAM 5.PENAMATSA SANDEEP VERMA, S/0 PEDDIRAJU KNOWN TO PETITIONERSS R/0 D NO 2-47 CHINANINDRAKOLAN EXCISE, AGE NOT CEMENT ROAD, ...RESPONDENT(S): Counsel for the Petitioners(S): 1.TRINATH CHOUDARY KOLLA Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: ORDER: Heard Sri Trinath Choudary Kolia, learned Counsel for the Writ Petitioners and Sri M. Srinu Babu, learned Assistant Government Pleader for Prohibition & Excise. 2. The prayer sought in the present Writ Petition is as under: “For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to issue a ‘Writ of Mandamus’ or any other appropriate writ, order or direction, declaring the action of the Respondents herein more particularly the Respondent No.4 herein in permitting/allotting license to sell liquor in Residential Premises to the Respondent No.5 vide License No. WG/115/2024-26/W.G. District, despite Dt. 08.11.2024, Dt.04.11.2024,having objections various been Residents/Petitioners herein, as being illegal, arbitrary and in violation of principles of natural justice, the Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of License) Rules, 2024 and submitted by 3 consequently to direct the Respondents herein to remove the shop belonging to the Respondent No.5 herein from the residential premises and place it at a more appropriate location and pass such other or further orders as are deemed fit and proper.” / 3. Learned Counsel for the Writ Petitioners would contend that the Unofficial Respondent No.5 has applied for grant of A4 License for operating liquor shop for the period of 2024-2026 in terms of the Excise Notification under G.O.Ms.No.210 dated 30.09.2024. The said Unofficial Respondent was declared as successful/pick for shop bearing SI.No.WG/115/2024-2 6 of the Ganapavaram Mandal. It is further submitted that the Respondent No.5 has commenced work to establish a shop in premises bearing D.No.9-147 of Pippara Village. 4. Learned Counsel for the Writ Petitioners would submit that the proposed place where the Respondent No.5 intends to establish liquor shop is in the midst of the residential premises, more particularly, is nearby residential premises of the Writ Petitioners. Therefore, the Writ Petitioners are seeking a Writ of Mandamus to the Official Respondents not to permit the establishment of wine shop near the residential premises of the Writ Petitioners with a view to prevent the nuisance or disturbance to the Writ Petitioners as well as to the nearby residents. 5. This Court has perused the Affidavit filed in support of the Writ Petition. It is stated that A4 licenses are sought to be issued subject to certain rules and regulations. The grant of A4 Licenses are governed by the Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of License) Rules, 2024. From a perusal of the Affidavit filed in support of the Writ Petition, it transpires that the Writ Petitioners have not pointed out the infraction of any rule under the abovementioned Rules. The citizens of the country have a Fundamental Right under Article 19(1)(g) of the Constitution of India, 1950 “to practice any profession or to carry on occupation, trade or business”. The Fundamental Right under Article 19(1)(g) is certainly subject 4 to reasonable restrictions. Every trader has a right to carry on his trade subject to the rules and regulations. However, it is not out of place to mention that it is a settled law that trade in liquor cannot be equated to that of the ordinary Fundamental Right as the said trade is treated as ‘res extra commercium' [Khoday Distilleries Ltd., and Others Vs. State of Karnataka and Others : (1995) 1 SCO 574] 6. Since the Writ Petitioners have not pointed out infraction of any Rule, this Writ Petition is devoid of any merit, dismissed. No order as to costs. Therefore, this Writ Petition is However, Writ Petitioners may approach the Authorities by submitting a fresh Representation, particularly pointing out the infraction of any statute, rule or regulation. If such Representation is submitted, there shall be a direction to the Respondent Authorities to consider the same and pass a Speaking Order in accordance with law within a period of four weeks from the date of submission of such Representation and communicate a copy of such Order to the Writ Petitioners forthwith. Needless to state that it shall be the duty of the Government to ensure prevalence of lew and Order and to further ensure that peace and tranquillity in the said area is maintained. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M RAMESH BABU DEPUTY REGISTRAR 7. 8. //TRUE COPY// SECTION OFFICER 1. One CC to Sri Trinath Choudary Kolia, Advocate [OPUC] - 2. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] 3. Two CD Copies To, RAM HIGH COURT DATED:05/06/2025 STANoag =r 0 5 JUL 2025 ORDER irrent ^£S£4l£ WP.No.28126 of 2024 DISMISSING THE WP WITHOUT COSTS