APHC010562632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30088/2025 Between: 1. SRI MOHAN BAR AND RESTAURANT, REPRESENTED BY ITS PROPERIORTOR, GANJIKUNTIA NAGESWARA RAO S/O SUBBRAYUDU, AGED 44 YEARS KOTIREDDY CIRCLE. KADAPA TOWN, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE(EXCISE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE GOVERNMENT OF ANDHRA PRADESH, 3RD FLOOR, IFIC CORPORATE BUILDING, AUTONAGAR, MANGALAGIRI GUNTUR - 522503 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, YSR KADAPA DISTRICT, KADAPA. 4. THE ASSISTANT COMMISSIONER OF PROHIBITON AND EXCISE, KADAPA, YSR KADAPA DISTRICT. ...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 tomay be pleased to issue an appropriate writ, order, or direction, particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents in non-issuance of Prescribed License in Form-2B as per Rule 5 to Petitioner Bar and Restaruant vide in Shop in Gazette SI.No.YSR/2B/GK/01 for valid allotment period for 1.9.2025 to 31.8.2028 in continuation of valid provisional license dated 2.9.2025 despite compliance of all requirements as per required law, which is highly illegal, arbitrary, contrary to law and violation of Principles of Natural Justice and Articles 300-A, 14. 21 of Constitution of India and consequently direct the respondents to forthwith immediately issue Prescribed License in Form-2B as per Rule 5 of the relevant rules by following the valid provisions license dated 2.9.2025 of Petitioner Shop in Gazette SI.No.YSR/2B/GK/01 for valid allotment for period of 1.9.2025 to 31.8.2028 to pass such IA 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 may be pleased to direct the respondents Prescribed License in Form-2B as per Rule 5 of the relevant rules by following the valid provisions license of Petitioner Shop in Gazettedated 2.9.2025 SI.No.YSR/2B/GK/01 for valid allotment for period of 1.9.2025 to 31.8.2028, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30088 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue an appropriate writ, order, or direction, particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents in non-issuance of Prescribed License in Form-2B as per Rule 5 to Petitioner Bar and Restaruant vide in Shop in Gazette SI.No.YSR/2B/GK/01 for valid allotment period for 1.9.2025 to 31.8.2028 in continuation of valid provisional license dated 2.9.2025 despite compliance of all requirements as per required law, which is highly illegal, arbitrary, contrary to law and violation of Principles of Natural Justice and Articles 300-A, 14. 21 of Constitution of India and consequently direct the respondents to forthwith immediately issue Prescribed License in Form-2B as per Rule 5 of the relevant rules by following the valid provisions license dated 2.9.2025 of Petitioner Shop in Gazette SI.No.YSR/2B/GK/01 for valid allotment for period of 1.9.2025 to 31.8.2028 to pass…” 2. The grievance of the petitioner is that initially, the petitioner was granted provisional licence for sale of Indian Made Foreign Liquor by Bar under Rule 17 in Form-2B(P), for the period from 01.09.2025 to 31.08.2028; however, the respondent authorities have not issued the regular license as specified under Rule 5 in Form-2B(P). Thus, the petitioner seeks a direction to direct the respondent authorities to grant regular license. 3. Learned Government Pleader has placed the written instructions (part of record), dated 21.10.2025, addressed by the Deputy Commissioner of Prohibition & Excise, Kadapa. The said instructions would indicate that a memo was issued to the Station House Officer, Kadapa, directing him to conduct a detailed enquiry and submit a comprehensive report; the Station House Officer, Kadapa confirmed that the actual owner of the building is Sri C.V. Loknath Reddy and the premises was sub-leased to Sri G. Nageswara Rao by Sri Somala Chandrasekhar Reddy and Sri Rajulapalli Narasimha Reddy, and has instructed Sri G. Nageswara Rao that the said premises is not entitled to sub-lease and the Station House Officer calls for the original lease deed issued by the building owner along with required documents i.e. Trade License, Food License issued by the concerned authorities, Bank Guarantee, Counterpart Agreement, Blue print of the proposed premises etc., from the petitioner pursuant to regularization, as per rules. 4. 4. The copy of said instructions was handed over to the learned counsel for the petitioner, across the bench. 5. Learned counsel for the petitioner would submit that the petitioner has submitted all the aforementioned required documents along with the application before the respondent authorities; basing on the said documents, the provisional license was granted and the learned counsel further submit that the same documents will be filed afresh for consideration, and requested that the same may be considered in accordance with law. 6. Given the above, without going into merits of the case, the Writ Petition is disposed of at the admission stage, directing the petitioner herein to submit all the documents as mentioned in the written instructions, within a period of two (02) weeks. On receipt of the same, the respondent authorities are directed to consider the same and pass appropriate orders in accordance with law, within a period of three (3) weeks, from the date of receipt of the documents and communicate the outcome of the decision to the petitioner herein. Till such time, the respondent authorities are directed not to take any coercive steps in respect of the petitioner’s Bar and Restaurant. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.11.2025 TVN THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30088 OF 2025 Date: 03.11.2025 TVN