. V ' i' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13229 OF 2024 Between: Kunaparaju Venkata Rama Suryanarayana Raju. S/o.Appala Raju. Aged about 59 years, R/o. Bhimavaram Town, Bhimavaram District. West Godavari ...PETITIONER AND 1. The State Of Andhra Pradesh) rep, by its Principal Secretary, Prohibition and Excise Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Prohibition and Excise, Sai Vihar Apartments Poultry Farm Road, Prasadmpadu, Vijayawada, Krishna District. 3. The Prohibition and Excise Superintendent, Bhimavaram, West Godavari District. 4. The Inspector/Station House Officer, Prohibition and Excise (SEB) Station, Bhimavaram, West Godavari District. ...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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 herein in not considering the representation dated 07-02-2024 for refund the licence fee of Rs.59,20,560/- and permit room licence fee of Rs.4,10,700/- collected from the petitioner towards A4 Shop bearing Licence No.265/2015-17/Bhimavaram in Form-4 with G.SI.No.265 in the name and style of M/s.Luchy Wines, Gollavanitippa Village (Revenue Village of L.G.Padu) of Bhimavaram Mandal, West Godavari District is illegal, arbitrary, unjust and unconstitutional and in violation of Article 14, 16, 19 and 21 of the Constitution of India and more particularly in violation of Principles of Natural Justice. 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 2 to 4 herein forthwith to consider and pass appropriate orders on the representation dated 07-02-2024 submitted by the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRI. P DURGA PRASAD Counsel for the Respondents: GP FOR PROHIBITION EXCISE The Court made the following Order: u APHC010266812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13229/2024 Between: Kunaparaju Venkata Rama Suryanarayana Raju AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P DURGA PRASAD Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following ORDER: ...PETITIONER ...RESPONDENT(S) This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: "to issue a Writ Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 herein in not considering the representation dated 07.02.2024 for refund the licence fee of Rs.59,20,560/- and permit room licence fee of Rs.4,10,700/- collected from the petitioner towards A4 Shop bearing Licence No.265/201517/Bhimavaram in Form-4 with G.SI.No. 265 in the name and style of M/s Luchy Wines, Gollavanitippa Village, Revenue Village of L G Padu of Bhimavaram Mandal, r—^ 2 West Godavari District .■> is illegal, arbitrary, unjust and unconstitutional and in violation of Articles 14, 16, 19 and 21 of the Constitution of India and more particularly in violation of Principles of Natural Justice and to orders...” pass such other order or 2. Heard the learned counsel for the petitioner and the learned for the respondents. counsel 3. The case of the petitioner is that, pursuant to the application submitted by the petitioner, the LOT’2015 on 02.12.2015 and selected the respondent authorities conducted petitioner through drawal of LOT 2015 for an A4 shop and granted a license in favour of the petitioner for the sale of Indian Made Foreign Liquor bearing license No.265/2015 17/Bhimavaram in Form-4 with G.SI.No.265, with an annual license fee of Rs.37,00,000/- for the period from 01.07.2015 to 30.06.2017 in the name and style of M/s. Luchy Wines at D.No.2-146/2, Gollavanitippa Village (Revenue Village of L.G.Padu) of Bhimavaram Mandal District. The petitioner had paid 1/3 West Godavari of the license fee and established the A4 shop at the above-said the villagers protested on the pretext that there premises. At the time of opening of the shop, was already one A4 shop existing and passed a resolution to same village. Hence, the petitioner made remove the 2nd A4 shop from the a request to the respondent Village to China- and agreed to pay an extra move his shop there. Considering the request of the petitioner, the 2nd respondent herein authorities to shift his A4 shop from Gollavanitippa Amiram Village, Bhimavaram Mandal, Rs.8,00,000/- as ne himself proposed to accorded 3 \ permission to establish the A4 shop in the said village vide proceedings i;. Cr.No.1336/2016/CPE/E3 dated 19.04.2016. While things stood thus, the above-said proceedings were challenged in W.P.No. 14032 of 2016 by the petitioners therein. On 22.04.2016, wherein this Court granted interim in suspension as prayed for. Since then, having obtained the license for the A4 shop, the petitioner could not conduct the business either in Gollavanitippa Village or in China-Amiram Village. The petitioner has paid the license fee towards the A4 shop is an amount of Rs.59,20,560/- and Rs.4,10,700/- i.e., permit room license fee, totaling Rs.63,31,260/-. Therefore, the petitioner made several representations to the respondent authorities with a request to refund the aforesaid amount, but so far no action has been taken by the respondents. Aggrieved by the inaction of the respondents, the present Writ Petition is filed. 4. The learned counsel for the petitioner submits that, though the petitioner was granted license for establishing an A4 shop, he could not conduct the business due to various reasons as narrated above. The petitioner had paid over Rs.63,00,000/- for the license. Despite making several representations for refund of the amount paid for the license, the respondent authorities have not taken any action. The learned Assistant Government Pleader for Prohibition and Excise submits that a direction may be given to the respondent authorities to consider the representation dated 07.02.2024 made by the petitioner. X X \ I i 5. 4 \ 6. Considering the submissions made by the learned counsel for the petitioner and the learned Government Pleader and a perusal of the material on record, this Court is of the considered view that the Writ Petition can be disposed of directing the respondent Nos.2 and 3 to consider the representation of the petitioner dated 07.02.2024 and pass appropriate orders in accordance with law after providing an opportunity of hearing to the petitioner within a period of four (4) weeks from the date of receipt of copy of this order. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- U SRI I^VI ASSISTANT REGISTER //TRUE COPY// SECTfbN OFFICER To. 1. The Principal Secretary, Prohibition and Excise Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Prohibition and Excise, Sai Vihar Apartments Poultry Farm Road, Prasadmpadu, Vijayawada, Krishna District. 3. The Prohibition and Excise Superintendent, , Bhimavaram West Godavari District. 4. The Inspector/Station House Officer, Prohibition and Excise (SEB) Station, Bhimavaram, West Godavari District. 5. One CC to SRI. P DURGA PRASAD Advocate [OPUC] 6. Two CCS to GP for PROHIBITION EXCISE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies vna HIGH COURT DATED:03/04/2025 ORDER WP.No.13229 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS