X. APHC010554012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28765 OF 2024 050 0^ Between: Sri Chandu Siva Suresh, Age 43 years S/o. Paleswara rao, R/o.4-50, Occ. Near Ayyappa nd Line, Ayyappa Swamy Temple Street, SwamyTemple, One Center, Gollapudi, Vijayawada, NTR District. Business 2 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its PrI. Secretary, Prohibition and Excise Department, Secretariate, Velagapudi, Amaravathi, A.P. 2. The Collector, NTR District. Vijayawada. 3. The Commissioner of Prohibition and Excise, Vijayawada. 4. The District Prohibition and Excise Officer, Machavaram, Vijayawada, NTR District, AP PIN 52.0004. 5. The Circle Inspector, Bhavanipuram Circle Department Vijayawada. 6. Gollapudi Wines, Shop No.44, Rep by its Licence Holder Ramya Meghana, W/o Vijaya Susheela Kattekota, Aged about 37 Yrs, R/o D. No. 1-3/24-6/8F Sanaka Vari Street, Vidhyadhara Puram, Vijayawada 520012. Prohibition and Excise Smt. N. ...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 appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in permitting the Respondent No.6 to establish liquor shop in the premises bearing No.8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, from School (Ravindra Bharathi School) NTR District which is below 100 Mts Abhayanjaneswami Temple (35 Mts),and Mosque (Masjid-E- NH65 in (45 Mts), Siddiqi) (90 Mts) and beside Vijayawada-Hyderabad Highway (3) and (4) of The Andhra Pradesh Excise (Grant of and Conditions of Licence) Rules, 2024; without violation of the Rule 24 Licence of Selling by Shop considering the Representations dt.20.11.2024 and 02.12.2024 of the illegal against Art. 19, 21 and 300-A of the consequently direct the Respondents not to permit Petitioner is arbitrary, exfacie Constitution of India and the Respondent No.6 to establish liquor shop in the premises bearing No.8- Gollapudi, Vijayawada Rural Mandal, NTR District by 02.12.2024 of the 145, Sarakottu Centre, considering the Representations dt.20.11.2024 and Petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to Representation in the affidavit filed in direct the Respondents dt.20.11.2024 & 02.12.2024 of the Petitioners; pending disposal of the above No.2 to 5 to consider the writ petition. Counsel for the Petitioner; SRI DEVALARAJU ANIL KUMAR Counsel for the Respondents No.1,3 to 5: GP FOR PROHIBITION EXCISE Counsel for the Respondent No.2; GP FOR REVENUE Counsel for the Respondent No.6; SRI KILARU NITHIN KRISHNA The Court made the following Order; APHC010554012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OE AUGUST TWO THOUSAND AND TWENTY FIVE 0EH [3330] 3L>. :^r PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28765/2024 Between: 1.SRI CHANDU SIVA SURESH, AGE 43 YEARS S/O.PALESWARA RAO, R/O.4-50, OCC. BUSINESS 2ND LINE, AYYAPPA SWAMY TEMPLE STREET, NEAR AYYAPPA SWAMYTEMPLE, ONE CENTER, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, PROHIBITION AND EXCISE DEPARTMENT. SECRETARIATE. VELAGAPUDI. AMARAVATHI, A.P. 2 THE COLLECTOR, NTR DISTRICT. VIJAYAWADA 3.THE COMMISSIONER OF PROHIBITION AND EXCISE, VIJAYAWADA. 4.THE DISTRICT PROHIBITION AND EXCISE OFFICER, MACHAVARAM, VIJAYAWADA, NTR DISTRICT. AP PIN 52.0004. 5 THE CIRCLE INSPECTOR. BHAVANIPURAM CIRCLE, PROHIBITION AND EXCISE DEPARTMENT VIJAYAWADA. 6 GOLLAPUDI WINES, SHOP N0.44, REP BY ITS LICENCE HOLDER, SMT. N. RAMYA MEGHANA, W/0 VIJAYA SUSHEELA KATTEKOTA. AGED ABOUT 37 YRS, R/0 D. NO. 1-3/24-6/8F SANAKA VARl STREET. VIDHYADHARA PURAM, VIJAYAWADA 520012. ...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 appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in permitting the Respondent No.6 to establish liquor shop in the premises bearing No.8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, NTR District which is below 100 Mts from School (Ravindra Bharathi School) (45 Mts), Abhayanjaneswami Temple (35 Mts), and Mosque (Masjid-E- Siddiqi) (90 Mts) and beside Vijayawada-Flyderabad Highway- NH65 in violation of the Rule 24 (3) and (4) of The Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, dt.20.11.2024and 02.12.2024of the Petitioner is arbitrary, exfacie illegal against Art. 19, 21 and 300-A of the Constitution of India and consequentially direct the Respondents not to permit the Respondent No.6 to establish liquor shop in the premises bearing No.8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, NTR District by considering the Representations dt.20.11.2024 and 02.12.2024 of the Petitioner and to pass 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 No.2 to 5 to consider the Representation dt.20.11.2024 & 02.12.2024 of the petitioners; pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.DEVALARAJU ANIL KUMAR 2024 without considering the Representations Counsel for the Respondent(S): 1.KILARU NITHIN KRISHNA 2.GP FOR PROHIBITION EXCISE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 28765 of 2024 i ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; .. .to issue appropriate Writ, Order or direction more nature of WRIT OF MANDAMUS particularly one in the declaring the action of the respondents in permitting the Respondent No.6 to establish liguor shop in the premises bearing No.8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, NTR District which is below 100 Mts from (Ravindra Bharathi School) (45 Mts), Abhayanjaneswami Temple (35 Mts), and Mosgue (Masjid-E- Siddigi) (90 Mts) and beside Vijayawada-Hyderabad Flighway- NH65 in violation of the Rule 24 (3) and (4) of The Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2024 without considering the Representations dated 20.11.2024and 02.12.2024 of the Petitioner Is arbitrary, ex facie Illegal against Art. 19, 21 and 300-A of the Constitution of India and conseguentially direct the Respondents not to permit the Respondent No. 6 to establish liguor shop in the premises bearing No. 8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, NTR District by considering the Representations dt.20.11.2024 and 02.12.2024 of the Petitioner and to pass such other order or orders may deem fit and proper in the circumstances of the case. ’’ School It is the contention of the petitioner that the respondents are 2. permitting the respondent to establish wine shop in the premises Sarakottu Centre, Gollapudi, Vijayawada Rural bearing Dr.No.8-145 Mandal, NTR District, contrary to the Rule 24 of the Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of License) Rules, 2024. 3. This Court on 06.12.2024 directed the learned Assistant Government Pleader to place on record the report of the SHO (Prohibition and Excise) prior to the issue of provisional licence. 4. Now, the learned Government Pleader has placed the letter, dated 06.08.2025, addressed by the District Prohibition and Excise Officer, District, Vijayawada to the office of the learned Government Pleader Prohibition and Excise, High Court of Andhra Pradesh. As seen from the NTR for said proceedings, no proposal for the establishment of any A4 shop premises i.e., Door No.8-145, Sarakottu Centre, Gollapudi, Vijayawada Rural Mandal, has been received by any of the official respondents has any A4 shop been established in the nor at the location specified in the representation or the writ petition. 5. Since the authorities have not granted any licence at the location specified by the petitioner, the writ petition has become infrucutuous. If the respondents intend to grant any licence for A4 shop in the future, they shall scrupulously follow Rule 24 of the Andhra Pradesh Excise Licence of Selling by Shop and Conditions of License) Rules 6. With the above observation, the Writ Petition is disposed of There shall be no order as to costs. (Grant of , 2024. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION officer To, 1, The PrI. Secretary, Prohibition and Excise Department, Secretariate Velagapudi, Amaravathi, A.P. 2. The Collector, NTR District. Vijayawada 3. The Commissioner of Prohibition and Excise, Vijayawada. 4. The District Prohibition and Excise Officer, Machavaram, Vijayawada, NTR District, AP PIN 52.0004. 5. The Circle Inspector, Bhavanipuram Circle, Prohibition and Excise Department Vijayawada. 6. One CC to SRI. DEVALARAJU ANIL KUMAR, Advocate [OPUC] 7. One CC to SRI. KILARU NITHIN KRISHNA, Advocate [OPUC] 8. ». Two CCs to GP for PROHIBITION EXCISE, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT] 10. Two CD Copies vna HIGH COURT V \ DATED:13/08/2025 ORDER WP NO. 28765 OF 2024 g( 0 9 SEP 2025 cnt Section. o Co ) <2 * DISPOSING OF THE WRIT COSTS PETITION WITHOUT