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2025 DAILYLAW 46008 (AP)

K K WINES v. THE STATE OF ANDHRA PRADESH

WP/24843/2025 · 2025-12-01

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010487272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24843/2025 Between: 1. K K WINES, REP. BY ITS LICENSEE, MR. S. KIRAN KUMAR. S/O. RAMAKRISHNA, AGED 42 YEARS, OCCBUSINESS, D.NO.1-6-642/A2, INDIRA NAGAR, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PROHIBITION EXCISE, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION EXCISE, MANGALAGIRI, ANDHRA PRADESH. 3. THE DEPUTY COMMISSIONER OF PROHIBITION EXCISE, CHITTOOR, CHITTOOR DISTRICT. 4. THE DISTRICT PROHIBITION EXCISE OFFICER, TIRUPATI, TIRUPATI DISTRICT 5. THE PROHIBITION EXCISE INSPECTOR, TIRUPATI URBAN, TIRUPATI DISTRICT. 6. M/S VICTORY WINES, REP. BY ITS LICENSEE, P. RAMSAI, S/O. P. VENKATA REDDY, AGED 38 YEARS, D.NO.20-5-13/E, KORLAGUNTA, SANJAY GANDHI COLONY, TIRUPATI, TIRUPATI 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 to pleased to issue any writ or direction more particularly a writ in the nature respondents in considering the request of the 6th respondent for shifting of the A4 shop premises from D.No. 19-4-121, STV Nagar, Tirupati, Municipal Corporation D.N0.23-4- 26/A, Ward No.23, Sri Krishna Nagar, Tirupati Municipal Corporation as illegal, arbitrary and violative of article 14, 16 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5, not to permit the 6th respondent for shifting of the A4 shop premises from D.No.19-4-121, STV Nagar, Tirupati, Municipal Corporation to D No.23-4-26/A, Ward No.23, Sri Krishna Nagar, 2 Tirupati Municipal Corporation by considering the representation of the petitioner dt. 10.09.2025 and to pass 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 pleased to direct the respondents No.2 to 5, not to permit the 6th respondent for shifting of the A4 shop premises from D.No.19-4-121, STV Nagar, Tirupati, Municipal Corporation to D.No.23-4-26/A, Ward No.23, Sri Krishna Nagar, Tirupati Municipal Corporation by considering the representation of the petitioner dt. 10.09.2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. V VINOD K REDDY Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24843 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- < to declare the action of the Respondents in considering the request of the 6th respondent for shifting of the A4 shop premises from D.No. 19-4-121, STV Nagar, Tirupati, Municipal Corporation D.N0.23-4-26/A, Ward No.23, Sri Krishna Nagar, Tirupati Municipal Corporation, as illegal, arbitrary and violative of article 14, 16 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5, not to permit the 6th respondent for shifting of the A4 shop premises from D.No.19-4-121, STV Nagar, Tirupati, Municipal Corporation to D No.23-4-26/A, Ward No.23, Sri Krishna Nagar, Tirupati Municipal Corporation by considering the representation of the petitioner dt. 10.09.2025=. 2. Heard the learned counsel for the Petitioner and the learned Government Pleader for Prohibition and Excise appearing for the Respondents. 3. On perusal of the affidavit filed in support of the Writ Petition, it appears that the Respondent No. 6 approached the Respondent Authorities to allow him to relocate his A.4 licensed shop near to the shop of the Petitioner. 4. The grievance of the Petitioner is that if the Respondent No.6 is permitted to relocate his shop to the new proposed premises, which is near to the shop of the Petitioner, the Petitioner would suffer irreparable financial loss and it would disrupt his business, and 4 therefore, the present Writ Petition is filed seeking a direction to the Respondent Authorities not to permit the Respondent No.6 to relocate the premises nearer to the shop of the Petitioner without considering the representation of the Petitioner dated 10.09.2025. 5. By that as it may, the Respondent No.2 vide Proceedings dated 28.11.2025 had rejected the request of the unofficial respondent/R.6 stating that it is not feasible to permit her to relocate the premises to the new proposed premises, which is nearer to the A4 shop of the Petitioner, and as the grievance of the Petitioner is redressed by the Respondent No. 2, the cause in the Writ Petition became infructuous. 6. Accordingly, the Writ Petition is dismissed as infructuous. 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: 02.12.2025 eha 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24843 of 2025 Date: 02.12.2025 eha