APHC010541472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27954/2025 Between: 1. DUNGA DEVI,, W/O. DUNGA PENTA RAO, AGED 41, OCC. OWNER OF MONARK WINES,(LICENSEE) R/O.D.NO. 19-11-53, AYYANNAPALEM, PEDAGANTYADA, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PROHIBITION AND EXCISE REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, DEPARTMENT OF PROHIBITION AND EXCISE VIJAYAWADA, NTR DISTRICT. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE TAHSILDAR, MAHARANI PETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE PROHIBITION AND EXCISE INSPECTOR, PROHIBITION AND EXCISE STATION, SEETHAMMADHARA, VISAKHAPATNAM, AP. 7. SRI GOWRI SEVA SANGAM, REP. BY ITS SECRETARY, RAMMURTHI PANTHULU PETA, VISAKHAPATNAM, AP-530008. 2 8. KONATALA GOVINDA RAJU, S/O. NOT KNOWN TO THE PETITIONER, PRESIDENT OF GOWRI SEVA SANGAM RP PETA, VISAKHAPATNAM. 9. KANDREGULA VENKATESWARA RAO, S/O. NOT KNOWN TO THE PETITIONER, MEMBER OF GOWRI SEVA SANGAM, RP PETA, VISAKHAPATNAM. 10. PENTAKOTA RAMANA, S/O. NOT KNOWN TO THE PETITIONER. MEMBER OF GOWRI SEVA SANGAM, RP PETA, VISAKHAPATNAM. 11. KANDREGULA LAYANYA, W/O. NOT KNOWN TO THE PETITIONER, KASTURI BAI, MAHILA NEIGHBOURHOOD COMMITTEE, RP PETA, VISAKHAPATNAM. ...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 topleased to issue Writ or Direction more particularly in the nature of Writ of Mandamus declaring the notice in Rc.No.188/2025/B3, dated 12.09.2025 issued by the 4th respondent District Prohibition and Excise Officer, Visakhapatnam directing the petitioner to relocate/shift the licensed liquor shop (Gsl.No. VPGK/07/2024-26 ) situated in D.No.34-3-59/2, RP Peta, Visakhapatnam as contrary to law, illegal, arbitrary, violative of Articles 14, 19(1)(g), and 21 of the Constitution of India and against of principles of natural justice and consequently set aside the same 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 suspend the notice in Rc.No.188/2025/B3, dated 12.09.2025 issued by the 4th respondent pending disposal of the writ petition IA 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 may be pleased to direct the respondents to consider my representation dated 20.10.2025 and to pass appropriate orders and till then permit the petitioner reopen and run the licensed liquor shop (Gsl.No. VPGK/07/2024- 26) situated in D.No.34-3-59/2, RP Peta, Visakhapatnam as per interim order 3 dated 10.10.2025 in I.A.No. 1 of 2025 in WP.No.27954 of 2025, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. POSANI AKASH Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27954 OF 2025 ORDER: Assailing the notice vide R.C.No.188/2025/B3, dated 12.09.2025, issued by the 4th respondent-District Prohibition and Excise Officer, Visakhapatnam, wherein the petitioner was directed to shift the liquor shop from the present premises, present writ petition has been filed on the ground that said notice is contrary to law. 2. This Court, by order dated 10.10.2025, directed the petitioner to submit an explanation for extension of time to relocate the premises within a period of three days from the date of receipt of a copy of the order. On submitting the explanation, the concerned authorities are directed to examine and address the same in accordance with law, whether it is feasible to grant sometime or not, and communicate the decision to the petitioner. 3. As directed by this Court, the petitioner did not file any explanation to the authorities. Consequently, the authorities passed an order dated 17.10.2025 instructing the petitioner/licensee to shift the A4 shop immediately, otherwise close the A4 shop, on the ground that he obtained license by misleading the facts about the premises. 4. Now, the petitioner herein filed I.A.No.2 of 2025 seeking to permit the petitioner to re-open and run the liquor shop situated at D.No.34-3-59/2, RP 5 Peta, Visakhapatnam, in terms of interim order dated 10.10.2025 passed in I.A.No.1 of 2025. 5. On perusal of the interim order dated 10.10.2025, it appears that this Court has not issued any positive direction, this Court only directed the petitioner to make an application for extension of time to re-locate the shop. If at all the petitioner is aggrieved, he is at liberty to file fresh writ petition impugning proceedings, issued by the 4th respondent, vide Rc.No.187/2025/B1, dated 17.10.2025. 6. Therefore, the present Writ Petition is disposed of, granting liberty to petitioner to file fresh writ petition against the impugned proceedings vide Rc.No.187/2025/B1, dated 17.10.2025. 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: 28.11.2025 KBN 6 309 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27954 of 2025 Date: 28.11.2025 KBN