APHC010143172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7540/2026 Between: 1. LINGAM ANANDA KUMAR, S/O. POORNA CHANDRA RAO, AGED ABOUT 56 YEARS, PROVISIONAL LICENSEE OF NO. KRS/37/B, R/O.D.NO.26/106-1, BUTTAIPETA, MACHILIPATNAM, KRISHNA DISTRICT. 521001. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238. 2. THE DIRECTOR/COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT. 522503. 3. THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 520001. 4. THE DISTRICT PROHIBITION AND EXCISE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT.521001. 5. SEGU RAJENDRA NARAYANA SANKAR, S/O.RADHA KRISHNIAH, AGED ABOUT 43 YEARS, PROVISIONAL. LICENSEE OF GAZETTE SI.NO.KRS/02/B (SRI DURGA BAR AND RESTAURANT), R/O.D.NO.10/304-B, NIZAMPET, MACHILIPATNAM, KRISHNA DISTRICT. 521001 2 ...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 an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondent Nos.2 to 4 in permitting/allowing the 5th respondent to establish and run Sri Durga Bar and Restaurant within less than 5 meters from State Highway No.SH-259 (Machilipatnam - Tallapalem Road), which is directly visible and accessible from the highway and operating in temporary sheds and container structures, as illegal, arbitrary and in violation of Rule 25(2)(d) and Rule 25(2)(a) of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2025, contrary to the directions issued by the Honble Supreme Court under article 142, besides violation of articles 14 and 19 of the Constitution of India, and consequently direct the respondent Nos 2 to 4 to forthwith close or relocate the 5th respondent Bar and Restaurant running under the name and style Sri Durga Bar and Restaurant, allotted vide Gazette SI. No. KRS/02/B, 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 May be pleased to grant stay of running, operating and conducting business of the Bar and Restaurant under the name and style "Sri Durga Bar and Restaurant", allotted vide Gazette SI. No. KRS/02/B, situated near State Highway No.259 (Machilipatnam - Tallapalem Road), Machilipatnam Rural, Krishna District, by the 5th respondent, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 3 ORDER: Sri Y.Venkatesh, learned counsel representing Sri Ravula Nagarjuna, learned counsel for the petitioner submitted that the cause in the writ petition does not survive and has become infructuous. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 18.06.2026. JLV 4 105 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7540/2026 Date: 18.06.2026 JLV