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2025 DAILYLAW 56787 (AP)

Y. Vijayalakshmi, v. The State of Andhra Pradesh,

WP/8765/2025 · 2025-11-23

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010169722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 8765/2025 BETWEEN: 1. Y. VIJAYALAKSHMI, W/o. Y. RAMA CHANDRA REDDY, AGED ABOUT 48 YEARS, OCC: BUSINESS, LICENSEE OF M/S. SRI LAKSHMI WINES, L.No. AT/10/2024-26, R/o. D.No.1-288, DWARAKANAGAR, ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAMU. 2. SAKE MALLIKARJUNA, S/o. S. NARAYANA SWAMI, AGED ABOUT 38 YEARS, OCC: BUSINESS, LICENSEE OF M/s. SRI LAKSHMI RESTAURANT AND BAR, SRINIVASA NAGAR, ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAMU. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR/COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT ANANTHAPURAMU. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, ANANTHAPURAMU. 5. THE STATION HOUSE OFFICER, O/o. PROHIBITION AND EXCISE, ANANTHPURAMU. 6. VENKATADRI KRISHNA MOHAN, S/o. NOT KNOWN TO PETITIONER, AGE NOT KNOWN, OCC: BUSINESS, LICENSE OF M/S. VAJRAGIRI WINES, L. NO. AT/13/2024-26, D. NO. 17-01-137, GOOTY ROAD, ANANTHPAURAM TOWN ANANTHAPURAM DISTRICT. ...RESPONDENT(S): 2 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the proceedings C.R.No.1087/2025/CPE/F3 dt 29.03.2025 issued by the 2nd respondent, granting permission to the 6th respondent to shift his A4 Wine Shop I.e., M/s.Vajragiri Wines with License No.AT/13/2024-2 6 from D.No.17-01-137, Gooty Road, Ananthapuramu Town, to Door No. 13-662, Ramachandra Nagar, Ananthapuram town, near to the petitioner's wine shop and bar, without considering the Representation/objections dt 23.12.2024 and 18.02.2025 submitted by the petitioners, and also ignoring the pendency of W.P.No. 4598 of 2025 and W.P.No. 294 of 2025 filed challenging the said shifting, is nothing but illegal, arbitrary, abuse of process of law and is a clear case of violation of principles of natural justice, contrary to law laid down in Kranti Associates (P) Ltd V. Masood Ahmed Khan reported in 2010 (9) SCC 496, Violation of Article 14 and 19 of the Constitution of India, and also contrary to the Rule 26 of The Andhra Pradesh Excise (Grant of License of Seling by Shop and Conditions of Licence) Rules - 2024, and consequently setaside the proceedings C.R.No.1087/2025/CPE/F3 dt 29.03.2025 issued by the 2nd respondent, Counsel for the Petitioner(S): 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 ORDER: Ms. B. Swathi, learned counsel represented on behalf of learned counsel on record for the petitioners, and sought permission of this Court for withdrawal of the Writ Petition and endorsed the same on the bundle. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. 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: 24.11.2025 Harin 4 77 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 8765 OF 2025 Date: 24.11.2025 Harin