APHC010529922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27597/2024 Between: 1. ANNAM VENGAIAH, S/O. PENCHALAIAH, AGED 48 YEARS, OCC. TODDY TAPPER, R/O. RALLAPADU VILLAGE, LINGASAMUDRAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, EXCISE COMPLEX, RS NO. 88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA, AMARAVATHI 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, GUNTUR, GUNTUR DISTRICT. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, NELLORE, SPSR NELLORE DISTRICT. 5. THE DISTRICT PROHIBITION AND EXCISE OFFICER, NELLORE, SPSR NELLORE DISTRICT. 6. THE SUPERINTENDENT, PROHIBITION AND EXCISE, KANDUKUR, SPSR NELLORE DISTRICT. 7. THE CIRCLE INSPECTOR, PROHIBITION AND EXCISE, KANDUKUR, SPSR NELLOR DISTRICT. 8. THE SUBINSPECTOR, PROHIBITION AND EXCISE, KANDUKUR, SPSR NELLORE 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 issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in not considering the petitioner's representations dt. 22.09.2024, 30.08.2024 submitted for transfer of his Toddy shop's license to Pentrala Village from Rallapadu Village which was earlier granted to the petitioner on 14.03.2024 as illegal, 2 irregular, irrational and offends Articles 14,19 and 21 of the Constitution of India and consequently direct the Respondents particularly 5th Respondent to permit him to shift his Toddy shop to Pentral Village of Lingasamudram Mandal, SPSR Nellore District and pass IA 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 direct the Respondents particularly 5th Respondent to consider the petitioner’s representations dt. 22.09.2024, 30.08.2024 and consequently direct the respondents to permit the petitioner to shift his Toddy shop to Pentral Village of Lingasamudram Mandal, SPSR Nellore District, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. KISHORE KUMAR KATARI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27597 of 2024 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in not considering the petitioner's representations dt.22.09.2024, 30.08.2024 submitted for transfer of his Toddy shop's license to Pentrala Village from Rallapadu Village which was earlier granted to the petitioner on 14.03.2024 as illegal, irregular, irrational and offends Articles 14,19 and 21 of the Constitution of India and consequently direct the Respondents particularly 5th Respondent to permit him to shift his Toddy shop to Pentral Village of Lingasamudram Mandal, SPSR Nellore District and pass such other orders…” 2. Heard Sri Kishore Kumar Katari, learned counsel for petitioner and learned Government Pleader for respondents. 3. The petitioner was granted license vide license No.177/2024/A3/TFT (01), dated 14.03.2024, to sell toddy for the period from 14.03.2024 to 30.09.2027. The respondent authorities have also granted another licence to the petitioner’s son, namely Sri Annam Vinay, at the same location and in the same village. As such, petitioner made representations dated 30.08.2024 and 22.09.2024 requesting the respondent authorities to permit the petitioner to transfer the toddy shop from Rallapadu Village to Pentaral Village. The 4 said representations have not been considered till today. Hence, present writ petition is filed. 4. The 5th respondent-District Prohibition and Excise Officer has filed a counter-affidavit asserting that the petitioner has not provided adequate evidence to justify the transfer and the petitioner’s right to trade under Article 19(1)(g) of the Constitution of India is subject to reasonable restrictions. The respondents are processing the request within the framework of excise laws and ensuring compliance with public safety norms. It is further asserted that relocation of the toddy shop requires approval from local authorities, verification of public demand, and consideration of the socio-economic impact. The respondents are not arbitrarily denying the petitioner’s request and the process requires public consultation and procedural adherence to prevent disruption to existing business and ensure public safety. 5. Learned counsel for petitioner submits that Rule 42 of the Andhra Pradesh Excise (Grant of licence to sell toddy, conditions of licence and tapping of excise tress) Rules, 2007, outlines that the Commissioner or any officer authorized by him may permit such shifting after collecting Rs.250/- as shifting fee. The relevant rule is extracted hereunder: Rule 42: Shifting of Shops/Depots: The Licensee shall not shift the Shop/Depots from one place to another within the notified area during the currency of the licence. In special circumstances-the Commissioner or 5 any officer authorized by him in this behalf may permit such shifting after collecting Rs. 250/- as shifting fee.” 6. On perusal of the counter-affidavit, it appears that the respondent authorities are processing the petitioner’s request within the framework of the Excise laws and are ensuring compliance with public safety norms. 7. Therefore, the present Writ Petition is disposed of, directing the respondent authorities to consider the case of the petitioner in accordance with law, as expeditiously as possible, and in any event not later than four (04) weeks from the date of receipt of a copy of this order. 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: 18.11.2025 KBN 6 86 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27597 of 2024 Date: 18.11.2025 KBN