% k IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2427 OF 2025 Between: Smt Sannareddy Vani, wife of Sannareddy Suresh Reddy, aged about 46 years. Business, M/s SLNS Wines, D.No.27-2-1650, Jagadeeshnagar, Nellore City and native of Varakavipudi, VTC Sivaramipuram, T.P.Gudur (Post), Thotapalli Gudur Mandal, SPSR Nellore District. ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Prohibition and Excise) Department, Secretariat Building, Velagapudi, Guntur District. 1. 2. The Commissioner of Prohibition and Excise Department, Vijayawada, AP. The District Collector and Magistrate, SPSR Nellore District, Nellore The Superintendant of Police, SPSR Nellore District, Nellore City. The Deputy Commissioner of Prohibition and Excise Department, Nellore, SPSR Nellore District. The Assistant Commissioner of Prohibition and Excise, Nellore, SPSR Nellore District. The District Prohibition and Excise Officer, Nellore, SPSR Nellore District. The Station House Officer, Prohibition and Excise, Nellore-1, Nellore 3. 4. 5. 6. 7. 8. City 9. The Station House Officer, Balajinagar Police Station, Nellore City, SPSR Nellore District. r 10." Gayatri Grandeur Flat Owners Association, rep.by its President Machireddy Sridhar Reddy, Flat No.401, Road No.7, Lakshmi Nagar, Childrens Park Road, Jadageesh Nagar, Nellore City Pavani Vista Flat Owners Association rep., by its President Bejawada Sandeep Anil Kumar, Flat No.403, Road No.7, Lakshmi Nagar, Childrens Park Road, Jadageesh Nagar, Nellore City. \ 11. ...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 writ of Mandamus by declaring the action of the respondents No.5 to 9 herein, forcibly closure of the petitioner wine shop from 20.01.2025 directing to relocate viz., Nellore Gazette Serial No.26 of IL-24 licence from the existing premises M/s SLNS Wines, D.No.27-2-1650, Jagadeeshnagar, Nellore City is illegal, arbitrary, without jurisdiction and without any authority of law and excessive jurisdiction and also violation of Article 19 (2), violation of principles of natural justice by not following the due process of law and contrary to the scheme of Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2024 notification as issued through G.O.Ms.No.210 Revenue (Excise) Department dated 30.09.2024 and consequently direct the 2nd respondent herein to take action against the Respondent Nos. 5 to 8 herein for illegal closure temporarily of the petitioner shop M/s SLNS Wines, D.No.27-2- 1650, Jagadeeshnagar, Nellore City. 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 2nd respondent herein not to disturb the petitioner’s IL-24 or A-4 shop of M/s SLNS Wines, D.No.27-2-1650, Jagadeeshnagar, Nellore City by further directing to give police protection in order to smooth running of the petitioner’s shop, pending disposal of the above said writ petition. lA NO: 2 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 send the letter dated 10.01.2025, as submitted by the Respondent Nos. 5 to 8, the instant notarized affidavit along with my application dated 01.02.2025 to the forensic lab to find out the truth or otherwise of the rank forged document and its veracity for further prosecution of the matter, pending disposal of the above said writ petition. Counsel for the Petitioner: SRI V SURENDRA REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE Counsel for the Respondents: GP FOR HOME The Court made the following order: 9 1 , APHC010048032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fm [3328] TUESDAY .THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2427/2025 Between: 1.SMT SANNAREDDY VANI, WIFE OF SANNAREDDY SURESH REDDY, AGED ABOUT 46 YEARS, BUSINESS, M/S SLNS WINES, D.NO.27-2-1650, JAGADEESHNAGAR, NELLORE CITY AND NATIVE OF VARAKAVIPUDI, VTC SIVARAMIPURAM, T.P.GUDUR (POST). THOTAPALLI GUDUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE DEPARTMENT,VIJAYAWADA,AP. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, SPSR NELLORE DISTRICT, NELLORE 4. THE SUPERINTENDANT OF POLICE, SPSR NELLORE DISTRICT, NELLORE CITY. 5. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE DEPARTMENT, NELLORE, SPSR NELLORE DISTRICT. 6. THE ASSISTANT COMMISSIONER OF PROHIBITION AND EXCISE, , NELLORE, SPSR NELLORE DISTRICT. 2 7. THE DISTRICT PROHIBITION AND EXCISE OFFICER SPSR NELLORE DISTRICT. 8. THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE NELLORE-1, NELLORE CITY , NELLORE, ^ 9. THE STATION HOUSE OFFICER, BALAJINAGAR STATION, NELLORE CITY, SPSR NELLORE DISTRICT. POLICE 10.GAYATRI GRANDEUR FLAT OWNERS ASSOCIATION PRESIDENT MACHIREDDY SRIDHAR REDDY ROAD N0.7, LAKSHMI NAGAR JADAGEESH NAGAR, NELLORE CITY 11.PAVANI VISTA FLAT OWNERS ASSOCIATION REP BY ITS PRESIDENT BEJAWADA SANDEEP ANIL KUMAR, FLAT NO.403 ROAD N0.7, LAKSHMI NAGAR, CHILDRENS PARK ROAD JADAGEESH NAGAR, NELLORE CITY. REP.BY ITS FLAT NO.401, PARK ROAD, CHILDRENS ...RESPONDENT(S): Counsel for the Petitioner: 1.VSURENDRA REDDY Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE 2.GP FOR HOME 3.MANDALIKA KAVYA SUDHA The Court made the following: 3 ' ORAL ORDER: Heard Sri V. Surendra Reddy, learned Counsel for the Writ Petitioner, Sri P. Nagaraju, learned Government Pleader for Prohibition & Excise, Sri P. Ajay Babu, learned Assistant Government Pleader for Home and Smt. Mandalika Kavya Sudha, learned Counsel appearing for the Unofficial Respondent Nos. 10 & 11. 2. The present Writ Petition is filed seeking the following relief: “It is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents No.5 to 9 herein, forcibly closure of the petitioner wine shop from 20.01.2025 directing to relocate viz., Nellore Gazette Serial No.26 of IL-24 licence from the existing premises M/s SLNS Wines, D.No.27-2-1650, Jagadeeshnagar, Nellore City is illegal, arbitrary, without jurisdiction and without any authority of law and excessive jurisdiction and also violation of Article 19 (2), violation of principles of natural justice by not following the due process of law and contrary to the scheme of Andhra Pradesh Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2024 notification as issued through G.O.Ms.No.210 Revenue (Excise) Department dated 30.09.2024 and consequently direct the 2"'^respondent herein to take action against the Respondent Nos.5 to 8 herein for illegal closure temporarily of the petitioner shop M/s SLNS Wines, D.No.27-2-1650, Jagadeeshnagar, Nellore City and pass such other order or orders as deem fit and proper in the circumstances of the case.” 3. On 31.01.2025, when this Writ Petition was listed for hearing and admission, Sri P. Nagaraju, learned Government Pleader for Prohibition & Excise has produced Written Instructions indicating that the Writ Petitioner herself has submitted a Letter on 10.01.2025 seeking to shift the business premises to a different location. 4. Learned Counsel for the Writ Petitioner has regard to the submission of the 10.01.2025. Learned Counsel has filed disputed this fact with requisition by the Writ Petitioner on an additional Affidavit challenging the genuinity of the request/Application of the Writ Petitiorier dated 10.01.2025. 5. At this stage, this Court objection taken by the Writ Petitioner opines that it is not fully convinced with the as regards the genuinity of the Letter submitted by the Writ Petitioner dated 10.01.2025 Therefore, this Court is not inclined to entertain a fact-finding enquiry with regard to the signature of the Writ Petitioner. Suffice it to state that genuinity of the on comparison, the on the Vakalatnama, the additional Affidavit signature of the Writ Petitioner filed by the Writ Petitioner and on the Letter dated 10.01.2025, is one and the same. 6. Learned Counsel for the Writ Petitioner grant some reasonable time to approach the appropriate Application for the relocation considered this request, this Court i ' the Writ Petitioner is reasonable. would now request the Court to Authorities for making of the Retail Shop. Having is of the opinion that the request made by an 7. in this view of the mater, this Court deems this Writ Petitiori, at the admission stage, without going into the merit, grantirig liberty to the Writ Petitioner to make it appropriate to dispose of an Application before the Authorities for relocation of the Retail Shop in terms of the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules week from today to the Competent Authority. The Competent Authority receipt of the Application of the Writ Petitioner shall 2024, within one , on enquire and dispose of the same, by passing a Speaking Order in accordance with law within a period of one week thereafter and convey a copy of such Order to the Writ Petitioner forthwith. 8. Writ Petitioner is directed to submit Application to the Competent Authority, for effective a copy of this Order along with the compliance. 5 9. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. SD/- P.VINOD KUMAR ASSISTAN-^EGISTRAR SECTI(^OfF!CER 10. //TRUE COPY// To, The Principal Secretary, Revenue (Prohibition and Excise) Department State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 1. 2. The Commissioner of Prohibition and Excise Department, Vijayawada, AP. 3. The District Collector and Magistrate, SPSR Nellore District, Nellore 4. The Superintendent of Police, SPSR Nellore District, Nellore City. 5. The Deputy Commissioner of Prohibition and Excise Department, Nellore, SPSR Nellore District. 6. The Assistant Commissioner of Prohibition and Excise, Nellore, SPSR Nellore District. 7. The District Prohibition and Excise Officer, Nellore, SPSR Nellore District. 8. The Station House Officer, Prohibition and Excise, Nellore-1, Nellore City 9. The Station House Officer, Balajinagar Police Station, Nellore City, SPSR Nellore District. The President, Gayatri Grandeur Flat Owners Association, Machireddy Sridhar Reddy, Flat No.401, Road No.7, Lakshmi Nagar, Childrens Park Road, Jadageesh Nagar, Nellore City The President, Pavani Vista Flat Owners Association, Bejawada Sandeep Anil Kumar, Flat No.403, Road No.7, Lakshmi Nagar, Childrens Park Road, Jadageesh Nagar, Nellore City. One CC to Sri V Surendra Reddy, Advocate [OPUC] Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. 11. 12. 13. 14. 15. RAM ▼ RAM HIGH COURT \ 1 ■feS--,: DATED:11/02/2025 ^Tbf anoT^ ORDER I ' 2 FEB 2025 ^ Currem Mciion o\ WP.No.2427 of 2025 DISPOSING OF THE WP WITHOUT COSTS