APHC010057902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2859/2023 Between: 1. J VISWANTH REDDY, S/O J. GANGI REDDY AGED 48 YEARS, OCC. BUSINESS AND PROPRIETOR OF M/S. VISWAM RESTAURANT AND BAR, SITUATED AT D.NO. 3-5- 563-7, KADAPA ROAD, PULIVENDULAMUNICIPALITY, YSR DISTRICT, R/O D. NO. 2-248, VELLATUR VILLAGE, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (EXCISE), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH, EXCISE COMPLEX, RS NO.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108. ANDHRA PRADESH. 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KURNOOL , KURNOOL DISTRICT - 518002. 4. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, YSR KADAPA DISTRICT, KADAPA 5. THE DISTRICT PROHIBITION AND EXCISE OFFICER, YSR KADAPA DISTRICT, KADAPA. 6. THE DISTRICT PROHIBITION AND EXCISE OFFICER, KURNOOL DISTRICT, KURNOOL-518002. 7. THE DEPOT MANAGER, ANDHRA PRADESH STATE BEVERAGES CORPORATION DEPOT , EXCISE DEPOT, PRODDATUR, YSR KADAPA DISTRICT. 8. M/S RAMESH RESTAURANT AND BAR, D.NO. 7-2-26-25-16A, POCHA PRABHAKAR REDDY NAGAR, DHONE MUNICIPALITY, REP.BY ITS PROPRIETOR RAYAPATI VENKATA RAJESH KUMAR, S/O VENKATA SUBBAIAH, R/O. D. NO. 26-221, NETHAJI NAGAR, PRODDATUR, YSR DISTRICT KADAPA ...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 topleased to issue a Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the impugned Proceedings in C.R.No.4322/2022/CPE/F2 dated 12-01- 2023, issued by the 2nd respondent herein, granting permission for shifting of the respondent No.8 from its licensed premises to another premises, contrary to the Rule 29 (c) of the Andhra Pradesh Excise (Lease of Right of Selling by bar, Grant and conditions of License) Rules, 2022 and under the provisions of the A.P Excise Act, 1968, colourable exercise of powers, without jurisdiction, power and authority, and consequential Proceedings / Order dated 14-01-2023 in Rc.No.A4/151/2022, passed by the 6th respondent, where under, permitting Respondent No.10 to shift its licensed Premises at D.No. 7- 2-26-25-16A, Pocha Prabhakar Reddy Nagar, Dhone Municipality, Nandyala - District (Kurnool District), to the Premises at D.No.4- 11-25, Ambakapalli Road, Pulivendula Municipality, YSR District, Kadapa 'as special case', subject to ratification orders to be given by the Government duly relaxing the rule 29(c) under Sec 68-B of the A.P Excise Act, 1968 with effect from 14.01.2023 to 31.08.2025, (ii) revising license previously granted infavour of Respondent No.8 with the revised license number YSR/30/2022-2025, as illegal, arbitrary, violative of Articles 14 and 19 (1)(g) of the Constitution of India, apart from being violative of principles of natural justice, consequently set the said impugned Proceedings of the 2nd respondent dated 12-01- 2023 and the consequential proceedings of the 5th respondent dated 14-01-2023, and to pass IA NO: 1 OF 2023 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 suspend the operation of impugned Proceedings in C.R.No.4322/2022/CPE/F2 dated 12-01- 2023, issued by the 2nd respondent herein, and the consequential Proceedings / Order dated 14-01-2023 in Rc.No.A4/151/2022, passed by the 6th respondent pending disposal of the main Writ Petition, and pass IA NO: 2 OF 2023 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 allow the Petitioner to Amend the Main Prayer of the WP.No.2859 OF 2023 by replacing with the following: "It is therefore 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' declaring the impugned memo issued by the Respondent.No.1 vide Me mo . No . REVO 1- CPEOMISC/ 432/ 2022-Excise dated 09. 02 . 2023 and impugned Proceedings vide C.R.No.4322/ 2022/ CPE/ F2 dated 12-01-2023, issued by the 2nd 3 respondent, granting permission for shifting of the 2B Bar of the Respondent No.8 from its licensed premises to another premises is contrary to the Rule 29 (c) of the Andhra Pradesh Excise (Lease of Right of Selling by bar, Grant and conditions of License) Rules, 2022 and provisions of the A.P Excise Act, 1968, colourable exercise of powers, without jurisdiction, power and authority, and consequential Proceedings/ Orders dated 14-01-2023 in Rc.No.A4/ 151/ 2022, passed by the 5th respondent, as illegal, arbitrary, violative of Articles 14 and 19 (1)(g) of the Constitution of India, apart from being violative of principles of natural justice, consequently set-aside the impugned memo issued by the Respondent.No. 1 vide Memo.No. REV01- CPEOMISC/ 432/ 2022-Excise dated 09.02.2023, impugned Proceedings of the 2nd respondent dated 12-01-2023 and the Proceedings/ Orders dated 14-01¬2023 in Rc.No.A4/ 151/ 2022, passed by the 5th respondent, and to pass such 4 other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." and pass IA NO: 3 OF 2023 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 suspend the impugned ratification vide Memo.No.REV01-CPEOMISC/432/2022-Excise dated 09.02.2023 issued by the Respondent.No.1, pending disposal of the main WP.No.2859 OF 2023 and pass IA NO: 4 OF 2023 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 vacate the interim orders passed in IA.No. 1 of 2023 in WP.No. 2859 of 2023 dated 13-02-2023 and pass Counsel for the Petitioner: 1. ANUP KOUSHIK KARAVADI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. RAVULA NAGARJUNA The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2859 of 2023 ORDER: Sri Y.Raja Ratnam, learned counsel representing learned counsel for the petitioner, submits that due to efflux of time the cause in the writ petition has rendered infructuous. Learned counsel endorsed the same on the bundle. Recording the said submission, the Writ Petition is dismissed as infructuous. Interim order granted on 13.02.2023 is vacated. 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: 20.11.2025 KBN 5 25 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2859 of 2023 Date: 20.11.2025 KBN