APHC010093362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5077/2026 Between: 1. PEDDIMSETTI GOPALA KRISHNA, , S/O.SIMHADRI, AGED ABOUT 40 YRS, OCC BUSINESS, R/O.D.NO.1-138, KOTTURU JUNCTION, KAKINADA, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PROH. AND EXCISE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, , ANDHRA PRADESH, R.S.NO. 88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DIRECTOR, PROHIBITION AND EXCISE DEPARTMENT, MANGALGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARI DISTRICT). 5. THE DISTRICT PROHIBITION AND EXCISE OFFICER, LICENSING AUTHORITY, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 6. THE NODAL PROHIBITION AND EXCISE SUPERINTENDENT, KAKINADA DISTRICT, KAKINADA. (ERSTWHILE EAST GODAVARI DISTRICT). 7. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KAKINADA, KAKINADA DIST. (ERSTWHILE EAST GODAVARI 2 DISTRICT). 8. THE STATION HOUSE OFFICER, KAKINADA NORTH, KAKINADA DIST. ...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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing impugned notice in Rc.No. REV04-IML02BBA/14/2025-JA(B1)- DPEO-KKD dated 28.01.2026 (served on 9.02.2026 at 4PM) wherein directed the petitioner to relocate the 2B Restaurant and Bar notified at G.S.NO.2B/KKD/05, Kakinada Municipal Corporation from D.No.1-138, Ramanayyapeta Village, Kakinada Rural Mandal to unobjectionable location in Kakinada Municipal Corporation Area to conduct business as it is established in violation of the provisions of A.P. Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2025 and without considering the explanation in proper manner by giving an opportunity of personal hearing as illegal, arbitrary, unjust and also in violation of principles of Natural Justice apart from violation of Article 14 of Constitution of India and also in violation of provisions of A.P. Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2025 and consequently set aside the same in the interest of justice and pass IA NO: 1 OF 2026 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 notice in Rc. No. REV04- IML02BBA/14/2025-JA(B1)-DPEO-KKD dated 28.01.2026 (served 9.02.2026 at 4PM) in the interest of justice and to pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5077 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing impugned notice in Rc.No.REV04- IML02BBA/14/2025-JA(B1)-DPEO-KKD dated 28.01.2026 (served on 9.02.2026 at 4PM) wherein directed the petitioner to relocate the 2B Restaurant and Bar notified at G.S.No.2B/KKD/05, Kakinada Municipal Corporation from D.No.1-138, Ramanayyapeta Village, Kakinada Rural Mandal to unobjectionable location in Kakinada Municipal Corporation Area to conduct business as it is established in violation of the provisions of A.P.Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2025 and without considering the explanation in proper manner by giving an opportunity of personal hearing as illegal, arbitrary, unjust and also in violation of principles of Natural Justice apart from violation of Article 14 of Constitution of India and also in violation of provisions of A.P. Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2025 and consequently set aside the same in the interest of justice and pass such other order or orders…” 2. Heard Sri G.L.Nageswar Rao, learned counsel for petitioner and learned Government Pleader for respondents. 3. Assailing the notice dated 28.01.2026 of respondent No.5, the present writ petition has been filed on the ground that the notice is contrary to Rule 25(2)(d) of the Andhra Pradesh Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2025. 4. On 20.02.2026, the matter was listed to 23.02.2026 to enable the respondents to secure instructions. 4 5. The learned counsel for the respondents are unable to secure instructions. 6. Learned counsel for the petitioner stated that already a show cause notice was issued by the 5th respondent and the petitioner has submitted explanation on 07.11.2025. Without considering the same, the present impugned notice has been issued by the 5th respondent. Hence, prayed to set aside the impugned notice dated 28.01.2026. 7. Without going into merits of the case, and with the consent of both the learned counsel, the present Writ Petition is disposed of at admission stage, directing the respondents, more particularly respondent No.5, not to take any coercive steps against the subject property of the petitioner’s 2B Restaurant and Bar till consideration of the explanation submitted by the petitioner on 07.11.2025. 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: 23.02.2026 Note: Issue C.C.by 26.02.2026 B/o. KBN 5 41 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5077 of 2026 Date: 23.02.2026 Note: Issue C.C.by 26.02.2026 B/o. KBN