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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3444 OF 2025 Between: Smt.T. Kumudavally, W/o T. Gangaram, Aged 62 years, R/o D.No. 16-963/2, Balaji Line, B.P.Agraharam Turning, Srikalahasthi, Tirupathi District. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director, Prohibition and Excise, Government of A.P, Vijayawada. 3. The District Prohibition and Excise Officer, (Licensing authority), Tirupathi District. 4. The Tahsildar, Srikalahasthi Mandal, Tirupathi District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 I). the impugned action of respondents 1 to 3 in not considering the petitioner for grant of license in respect of shop notified through Gazette No.18 of 2025, dt 27.01.2025, with SI.No.TPT/GK/3, in Srikalahasthi Municipality, earmarked for Ediga community, though petitioner belongs to Ediga community, but denying only on the ground that, the community certificate dt 30.01.2025 was issued showing Goud, covering all sub castes as per the usual practice under BC-B community. ii). Further action of the 4*^" respondent in not issuing fresh certificate, verifying the petitioner as Ediga community, for the purpose of present Excise policy, inspite of representation dt 04.02.2025, as illegal, arbitrary and violative of Article 14 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the Respondents, to consider the petitioner for allotment of Liquor Vending Shop, notified for Srikalahasthi Municipality, through Gazette No. 18 of 2025, dt 27.10.2025, with SI.No. TPT/GK/3, in Srikalahasthi Municipality, earmarked for Ediga community, by considering petitioner as belong to Ediga community. Pending disposal of the present Writ Petition. Counsel for the Petitioner: SMT.
K.S.G. PADMAVATHI FOR SRI G. V. SHIVAJI Counsel for the Respondent Nos.1 to 3: SRI P. NAGARAJU, GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE The Court made the following: ORDER
APHC010065822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3444/2025 Between:
1.T KUMUDAVALLY, W/0 T. GANGARAM AGED 62 YEARS, R/0 BALAJI LINE, B.P.AGRAHARAM TURNING, D.NO.16-963/2, SRIKALAHASTHI, TIRUPATHI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR, PROHIBITION AND EXCISE, GOVERNMENT OF A.P, VIJAYAWADA. 3.THE DISTRICT PROHIBITION AND EXCISE OFFICER, (LICENSING AUTHORITY), TIRUPATHI DISTRICT. 4.THE TAHSILDAR, SRIKALAHASTHI MANDAL, DISTRICT. PROHIBITION AND EXCISE SECRETARIAT BUILDINGS, VELAGAPUDI, TIRUPATHI ...RESPONDENT(S): Counsel for the Petitioner:
1.G VSHIVAJI Counsel for the Respondent(S):
2 1.GP FOR PROHIBITION EXCISE The Court made the following ORAL ORDER: Heard Smt. K.S.G. Padmavathi, learned Counsel appearing on behalf of Sri G. Shivaji, learned Counsel for the Writ Petitioner; Sri P. Nagaraju, learned Government Pleader for Excise appearing for Respondent Nos.1 to 3 and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration appearing for Respondent No.4. 2. Learned Counsel for the Writ Petitioner would submit that the Official Respondents have issued Notification on 27.01.2025 (Ex.P.1) calling for Applications from eligible candidates from various Sub-castes under Geethakulalu for grant of A.4 Liquor Shop Licences. 3. It is the case of the Writ Petitioner that, he belongs to the Ediga Community. He had made an Application before the Tahsildar for obtaining Caste Certificate in order to enable him to make an Application in response to the Notification dated 27.01.2025 (Ex.P.1). Community, Nativity & Date of Birth Certificate on 30.01.2025 indicating that the Writ Petitioner belongs to Goud [Ediga, Gowda (Gamalla), Kalalee, Goundia, Srisayan (Segidi)] (BC-B) Community. The Tahsildar has issued
4. Learned Counsel for the Writ Petitioner would submit that for the purpose of submitting an Application in response to the above mentioned Notification, a Certificate ought to have been issued mentioning specifically the Caste/Sub-caste to which the Applicant belongs.
Learned Counsel for the Writ Petitioner would submit that the present Caste Certificate, which is omnibus in nature, would not be accepted by the Official Respondents for being considered for the lottery-allotment of A.4 shop.
5. Having considered the set of facts, this Court is in agreement with the submission made by the
learned Counsel for the Writ Petitioner that the specific name of the Caste/Sub-caste of the Writ Petitioner has not been
3 mentioned and that the Tahsildar ought to have specifically mentioned the name of the Caste of the Writ Petitioner after due enquiry.
6. In view of the urgency expressed, there shall be a direction to the Srikalahasti Mandal, Tirupathi District (Respondent No.4) to Tahsildar, forthwith consider the Caste of the Writ Petitioner and issue an appropriate Caste/Sub-caste Certificate before 12.00 noon on 10.02.2025.
7. In view of the present situation, the Official Respondents herein are
directed to accept and consider the Application of the Writ Petitioner, if all the requirements are met, on or before 5.00 P.M on 10.02.2025.
8. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration appearing for Respondent No.4 and Sri P. Nagaraju, learned Government Pleader for Excise appearing for Respondent Nos.1 to 3 are directed to convey the gist of this
Order forthwith to the respective Respondents for immediate compliance.
9. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs. 10.Interlocutory Applications, if any, stand closed in terms of this order.
Sdl- B. CHITTI JOSEPH ASSISTANT REGISTRAR '/r SECTION OFFICER //TRUE COPY// / To,
1. The Principal Secretary Prohibition and Excise Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Director, Prohibition and Excise, Government of A.P, Vijayawada.
3. The District Prohibition and Excise Officer, (Licensing authority), Tirupathi District.
4. The Tahsildar, Srikalahasthi Mandal, Tirupathi District.
5. One CC to Sri G. V. Shivaji, Advocate [OPUC]
6. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh; [OUT]
7. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT]
8. Three CD Copies.
/ HIGH COURT DATED:07/02/2025
ORDER WP.No.3444 of 2025 8^^OF AND77 g 0 7 FEB 2025 Currtnt SectKMi . '§ DISPOSING OF THE W.P. WITHOUT COSTS