1♦ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAT (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10665 OF 2025 Between: EFMDh'armendra, S/o. EP Nataraj, Aged about 41 years, Occ; Business j;^/o.D.No.86-104, APHB Colony, B Camp Kurnool, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue (Excise) Department, A. P.Secretariat, Velagapudi, Amaravati Guntur District Andhra Pradesh. 2. The Commissioner of Prohibition and Excise, Andhra Pradesh, Vijayawada. 3. The Deputy Commissioner, Prohibition and Excise Department, Kurnool, Kurnool District. 4. The District Prohibition and Excise Officer, Kurnool District, Kurnool. 5. The Station House Officer, Prohibition and Excise Station, Kurnool, Kurnool 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 more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the action of the 4*^ respondent in not issuing final licence in respect of the shop for the sale of Indian Made Foreign liquor and foreign liquor at G.SI.No.KNL/GK/1, Unit:1 of Kurnool, Kurnool District, pursuant to the provisional licence issued in favour of the petitioner on 10-02-2025 and directing the petitioner to change the existing location of petitioner shop to any other location without notice after commencing the business in pursuance of the Provisional Licence issued by the 4 th respondent herein as illegal, arbitrary, discriminatory, besides violative of Article 14 and 19(g) of the Constitution of India and consequently direct the 4*^ respondent to permit/allow the petitioner to continue the shop at the existing premises and grant final A-4 licence in favour of the petitioner forthwith. lA 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 to direct the respondent to allow/continue the shop for sale of Indian made Foreign Liquor and Foreign Liquor at the existing established premises i.e., at bearing H.No.87/1368-V-N-15, Venkatadri Nagar, Kurnool, Kurnool District for which provisional licence were granted by supplying stock to the petitioner pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI O.MANOHAR REDDY, SENIOR COUNSEL APPEARING ON BEHALF OF SRI K.NARSI REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR PROHIBITION &EXCISE Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER APHC010214562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10665/2025 Between: Ep Dharmendrta ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KNARSI REDDY Counsel for the Respondent(S): 1,GP FOR PROHIBITION EXCISE 2.GP FOR HOME The Court made the following: 2 NV,J W.P. NO. 10665 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10665/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the action of the 4th respondent in not issuing final licence in respect of the shop for the sale of Indian Made Foreign liquor and foreign liquor at G.SI.No.KNUGK/l, Unit:1 of Kurnool, Kurnool District, pursuant to the provisional licence issued in favour of the petitioner on 10-02-2025 and directing the petitioner to change the existing location of petitioner shop to any other location without notice after commencing the business in pursuance of the Provisional Licence issued by the 4th respondent herein as illegal, arbitrary, discriminatory, besides violative of Article 14 and 19(g) of the Constitution of India and consequently direct the 4th respondent to permit/allow the petitioner to continue the shop at the existing premises and grant final A-4 licence in favour of the petitioner forthwith and pass...”(in verbatim) Heard learned counsel for the petitioner and learned Government 2. Pleader for Excise for the respondents. The case of the petitioner herein is that he made an application pursuant to the new excise policy by the respondent for the period 2024- 26, vide G.O.Ms.No.210, 211 and 212 dated 30.09.2024, in compliance with the rules i.e., Andhra Pradesh Excise(Grant of License of Selling by Shop and Conditions of Licenses) Rules, 2024 (for short “the Rules”). After granting provisional license, the petitioner complied with all the conditions and thereafter, submitted an application for grant of A4 license/permanent license. Sri O.Manohar Reddy, learned senior counsel appearing on behalf of the petitioner, submits that the petitioner has complied with all the conditions 3. 4. 3 A/V W.P. NO. 10665 OF 2025 prescribed for the provisional license as well as excise rules, and also selected the suitable premises for grant of A4 license. He further submits that the premises of the petitioner is neither affected by Rule 24 of the Rules, nor any other conditions of provisional license. Therefore, the petitioner is entitled to grant of an A4 license under Rule 14 of the Rules, 2024. Learned Senior Counsel further submits that even though the petitioner 5. complied with all the conditions as envisaged under the Rules, but for one reason or other, the respondents are not granting A4 license and not supplying the liquor, which is nothing but depriving the petitioner to carry the business, having collected a sum of Rs.85,00,000/- towards license fee from the petitioner. He further submits that in view of the non-granting of A4 license and not supplying liquor to the petitioner to carry out his business, the petitioner will suffer irreparable loss and hardship. Apart from paying a sum of Rs.85,00,000/- towards license fee he has to bear monthly rent and salaries to the employees engaged to carry out the business. Therefore, inaction on part of the respondents in granting A4 license is nothing but arbitrary and discriminatory apart from violation of Article 14 and 19(1) of Constitution of India. On the other hand, learned Assistant Government Pleader for Excise 6. appearing for the respondents furnished written instructions dated 23.04.2025 submitted by the 4‘^ respondent, wherein it is stated that; 4. The petitioner has been conducting business at existing premises in question since 10-2-2025 on provisional license smoothly without any intervention from the Excise Department 4 NV,J W.P.N0.10665 OF 2025 the respondents. The petitioner has made business out of Rs. 103.72 Lakhs liquor stocks lifted from the APSBCL Depot till this date, therefore, it is false that the respondents have not allowed the shop to continue in existing premises. 6. Till this date, the Petitioner herein has failed to submit the required documents in original to the licensing authority for verification and approval of proposed premises selected by the petitioner for consideration of issuing license in A4 form (permanent license) 1. It is relevant to note that the Station House Officer Kurnool, Respondent 5 herein has verified the existing premises, in question and submitted a report that the existing premises is located predominantly in residential area of Joharapuraman and certain sitting arrangements made in surrounding of existing premises in question and therefore, he has stated that the proposed / existing premises are not suitable for A4 shop contrary to the Rules that no consumption shall be allowed in and around licensed premises to ensure orderliness and avoid inconvenience to residents/public and passersby. or 9. It is pertinent to submit that the existing premises in question is predominantly located in residential area and the residents the Joharapuram, mahila Sangams are often to the Authorities/PGRS against the complaining establishment and functioning of A4 shops in Joharapuram residential area since inception of new excise policy. 10. In view of above, the Petitioner has been informed about the objections from the residents of Joharapuram and non adherence of the existing premises bearing no.H.No.87/1368- V-N-15, Venkatadri Nagar, Kurnool. The petitioner has been informed time and again about the shifting of existing premises against which the complaints from the residents of locality are received. However, the petitioner is deafer to the instructions of department regarding shifting of present premises in question elsewhere within notified in Kurnool Municipal Corporation but the petitioner refused to do so till deadline and the expiry of provisional 5 NV^ W.P.N0.10665 OF2025 license, the petitioner was permitted to purchase stocks till 15.04.2025. I Therefore, the permanent license for establishment of liquor shop in existing premises in question has not been considered so far until the selected premises are subject to approval by the licensing authority 11. The Licensing Authority, the 4‘^ respondent herein is vested with the powers under Rule 24 (1) that the Licensing Authority shall cause verification of premises selected by the applicant before making approval of licensed premises for establishment of liquor shop within notified area of Kurnool Municipal Corporation. Learned Assistant Government Pleader further submits the subject premises of the petitioner, for which, the A4 license was sought for is situated in thickly elite populated residential area. Due to which, all the residents and other organizations of that area submitted number of representations requesting not to grant any A4 license in respect of the petitioner at the subject premises and also did dharanas in front of the subject shop. Therefore, to maintain law and order/peace and tranquility, the 4‘^ and 5 respondents herein time and again requesting the petitioner for selection of an alternative premises within city limits of Kurnool, to consider the claim of the 7. th petitioner. He further asserts that as per the Rules, 2024 the 4‘^ respondent is empowered to grant A4 license, subject to his satisfaction regarding premises selected by the petitioner. It is not automatic to grant A4 license once the premises selected and submitted along with required documents for grant of A4 license. As such, the grant of A4 license is always subject to discretion 8. 6 NV,J W.P. NO.10665 OF 2025 and satisfaction of the 4*^ respondent herein. He further submits that pursuant to the Rule 24(1) of the Rules, the 4‘^ respondent is entitled to verify the premises selected by the petitioner and to assess its suitability as per the Rules 2024 and also as per other factors like law and order, nature of area, traffic congestion problems and also parking facility, for granting approval of license against the subject premises for establishment of liquor shop. In the instant case, the 4^'^ respondent is not inclined to grant A4 license against the subject premises, since, the said premises is found not suitable by the 4*'^ respondent. He further suggested the petitioner that he should select another alternative suitable premises within city limits of Kurnool, thereafter, the 4 respondent is ready to grant A4 license in favour of the petitioner. th Heard submissions made by the learned Senior Counsel Sri O.Manohar Reddy, for the petitioner and learned Government Pleader appearing for the respondents and perused the material placed on record as well as written instructions submitted by the 4^^ respondent dated 23.04.2025 and also other material papers submitted along with instructions. In fact, the petitioner was granted provisional license on 10.02.2025 for establishing A4 license shop within Kurnool city limits. Accordingly the petitioner got selected the subject premises and submitted application by complying all other conditions for grant of A4 license. The fact remains that the 4*'^ respondent herein inspected the selected premises of the petitioner as per the Rule 24(1) of the Rules and found that the same is not suitable as per the Rules and he 9. 7 NV.'S W.P.N0.10665 0F2025 intimated that the selected premises is not suitable premises, keeping in view, the law and order would disrupt at the subject location, if A4 license is granted as well as peace and tranquility against the selected premises of the petitioner, and having witnessed the representations, dharnas conducted by the local area people. As contended by the learned Senior Counsel for the petitioner that once 10. the premises is selected by the petitioner, and if it is in compliance Rule 24 of the Rules, the same cannot be said to be not suitable under Rule 24 of the Rules and the scheme of Rules suggesting that the respondents have no other option except to grant A4 license is not worthy contention for the reason it should be suitable not only in accordance with Rule 24, but the other conditions and parameters more particularly the suitability in relation to law and order and peace tranquility should also be looked into. In the instant case, in view of the fact that as per the verification and suitability by the 4*^ respondent, the law and order and peace and tranquility should be disturbed at local area, if A4 license in respect of the subject 11. premises is granted is to be considered, in view of the reasons stated above. As per the request of the learned Government Pleader, and after considering the material facts and claim of the petitioner, this Court is of the opinion that the present petition can be disposed of directing the petitioner to select any other suitable premises within Kurnool Corporation limits with immediate effect, within a period of one (01) week from the date of receipt of copy of this 8 NV,J W.P.N0.10665 0F2025 f order. After such selection, the petitioner is at liberty to submit the same to the Nos.2 to 5 herein and after such submissions respondent Nos.2 to respondent 5 shall consider and grant A4 license with immediate effect, if the subject premises is otherwise suitable, as per the Rules, 2024, within a period of two (02) weeks thereafter. However, the respondents are directed to continue the supply of liquor to the subject premises for a period of four (04) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. There shall be 12. no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU assistant registrar //TRUE COPY// SECTiOMOFFlCER To, 1. The Principal Secretary, Revenue (Excise) Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Prohibition & Excise Vijayawada. 3. The Deputy Commissioner, Prohibition & Excise Department, Kurnool, Kurnool District. 4. The District Prohibition & Excise Officer, Kurnool District, Kurnool. The Station House Officer, Prohibition & Excise Station, Kurnool, Kurnool District. 6. One CC to Sri K.Narsi Reddy, Advocate [OPUC] 7. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. Andhra Pradesh, 5. TF HIGH COURT DATED:30/04/2025 N ORDER WP.No.10665 of 2025 O ff o \ 2 s MAY 2::5 oY %:5- DISPOSING OF THE WRIT PETITION WITHOUT COSTS