APHC010096682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5406/2026 Between: 1. M/S. PRINCE RESTAURANT AND BAR,, REP. BY ITS LICENSEE, VINDURU SRINIVASULU, S/O. V. ANANTHA PADMANABAIAH, AGED 43 YEARS, SITUATED AT D.NO.1-57/2, SRINIVASAPURAM, 0PP. BPCL PETROL PUMP, YOGIMALLAVARAM VILLAGE, TIRUPATI RURAL MANDAL -517507 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.-522237 2. THE COMMISSIONER OF PROHIBITION AND EXCISE, EXCISE COMPLEX, R.S.NO.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108, 3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, CHITTOOR, CHITTOOR DISTRICT.-517002 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, TIRUPATI, TIRUPATI DISTRICT.-517501 ...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 2 pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 4th respondent in interfering with the legal business of the petitioner herein being conducted as per the conditions mentioned in the provisional license dated 06.09.2025 in Form-2B(P) with Gazette SI.No.TPT/2B/15/2025-28 for the lease years 2025-2028 i.e., from 01.09.2025 to 31.08.2028 by way of G.O.Ms.No.276 13.08.2025 and The Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2025 and to declare the same as arbitrary, illegal and in violation of Articles 14, 19(1)(g) of the Constitution of India and consequently direct the 4th respondent not to interfere with the petitioner's legally permitted business and to 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 to direct the 4th respondent not to obstruct and interfere with the legally permitted business of the petitioner’s bar in the name and style of “M/s. Prince Restaurant and Bar” situated in D.No.1-57/2, Srinivasapuram, opp. BPCL Petrol Pump, Yogimallavaram Village, Tirupati Rural Mandal, pending disposal of the Writ Petition and to pass IA NO: 2 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 to suspend the notice Rc.No.B/120/2025 dated 06.02.2026 issued by 4th respondent, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5406 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 by declaring the action of the 4th respondent in interfering with the legal business of the petitioner herein being conducted as per the conditions mentioned in the provisional license dated 06.09.2025 in Form-2B(P) with Gazette SI.No.TPT/2B/15/2025-28 for the lease years 2025-2028 i.e.,from 01.09.2025 to 31.08.2028 by way of G.O.Ms.No.276, dated 13.08.2025 and The Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2025 and to declare the same as arbitrary, illegal and in violation of Articles 14, 19(1)(g) of the Constitution of India and consequently direct the 4th respondent not to interfere with the petitioner's legally permitted business and to pass such other order or orders…” 2. Heard Sri Ginjupalli Subba Rao, learned counsel for petitioner and learned Government Pleader for respondents. 3. Learned counsel for the petitioner submits that the respondents are interfering with the business activities of the petitioner without following due process of law. 4. Learned counsel for the respondents does not refute the same. 5. 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 to follow the due process and issue show cause notice calling for explanation from the petitioner. On submitting the 4 explanation by the petitioner, the respondents are directed to examine the same and pass appropriate orders in accordance with law. Till such time, the respondents are directed not to interfere with the petitioner’s business activities. 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: 25.02.2026 KBN 5 88 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5406 of 2026 Date: 25.02.2026 Date: 25.02.2026 KBN