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2026 DAILYLAW 9191 (AP)

TEJASWINI RESTAURANT AND BAR v. THE STATE OF ANDHRA PRADESH

WP/24966/2026 · 2026-09-02

Ravi Cheemalapati

body2026

Judgment text

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APHC010459432026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 3 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24966 OF 2026 Between: 1. TEJASWINI RESTAURANT AND BAR, Rep. by its Licensee, Thota Srinivasula Reddy, S/o. Venkata Reddy, Aged about 45 years, Rio. D.No.24 7-46, Magunta Layout, Annammayya Circle, SPSR Nellore District 1. THE STATE OF ANDHRA PRADESH, Reve Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary. 2. The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Deputy Commissioner of Pr 4. 4. The District prohibition and Excise officer, SPSR Nellore District. 5. The Station House officer, Prohibition and Excise station, Nellore Nellore District 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24966 OF 2026 1. TEJASWINI RESTAURANT AND BAR, Rep. by its Licensee, Thota Srinivasula Reddy, S/o. Venkata Reddy, Aged about 45 years, Rio. D.No.24 46, Magunta Layout, Annammayya Circle, SPSR Nellore District AND 1. THE STATE OF ANDHRA PRADESH, Revenue (Excise Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal 2. The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Deputy Commissioner of Prohibition and Excise, SPSR Nellore District. 4. The District prohibition and Excise officer, SPSR Nellore District. 5. The Station House officer, Prohibition and Excise station, Nellore ...Respondents 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 IN THE HIGH COURT OF ANDHRA PRADESH DAY OF SEPTEMBER 2026 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 1. TEJASWINI RESTAURANT AND BAR, Rep. by its Licensee, Thota Srinivasula Reddy, S/o. Venkata Reddy, Aged about 45 years, Rio. D.No.24- 46, Magunta Layout, Annammayya Circle, SPSR Nellore District ...Petitioner nue (Excise-II)Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal 2. The Commissioner of Prohibition and Excise, Government of Andhra ohibition and Excise, SPSR Nellore District. 4. The District prohibition and Excise officer, SPSR Nellore District. 5. The Station House officer, Prohibition and Excise station, Nellore-I, SPSR ...Respondents 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 a writ of mandamus or any other appropriate writ or direction declaring the inaction of the respondents in considering the representation Dt.04.07.2026 and shifting Bar and Restaurant situated in D.No.24-7-46, Magunta Layout, Annammayya Circle, SPSR Nellore District to D.No.27-10- 1/2, NTR Nagar, Nellore Urban, SPSR Nellore District as illegal, arbitrary and in violation of Art.19 and 21 of constitution of India and contrary to the provisions of AP Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2025 and consequently direct the respondents to shift Bar and Restaurant situated in D.No.24-7-46, Magunta Layout, Annammayya Circle, SPSR Nellore District to D.No.27-10-1/2, NTR Nagar, Nellore Urban, SPSR Nellore District by considering representation Dt.04.07.2026 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 respondents to take necessary action on the representation Dt.04.07.2026 of the petitioner and shift the Bar and Restaurant situated in D.No.24-7-46, Magunta Layout, Annammayya Circle, SPSR Nellore District to D.No.27-10-1/2, NTR Nagar, Nellore Urban, SPSR Nellore District, pending disposal of the writ petition. Counsel for the Petitioner: KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondents: GP FOR PROHIBITION EXCISE 3 The Court made the following order: Non-consideration of the petitioner’s representation dated 04.07.2026 is the grievance in the present Writ Petition. 2. Heard Sri Kanakala Devi Prasanna Kumar, learned counsel for the petitioner and Sri Nagaraju Pullagura, learned Government Pleader for Excise Department appearing for the respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was granted Form-2B licence under the provisions of the A.P Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2025 (hereinafter referred to as the ‘Rules, 2025’) and is running a Bar and Restaurant in the premises bearing D.No.24-7-46, Magunta Layout, Annamayya Circle, SPSR Nellore District. He further submitted that the petitioner submitted a representation dated 04.07.2026 to the respondent authorities, requesting them to permit shifting of the existing bar premises to D.No.27-10-1/2, NTR Nagar, Nellore Urban, SPSR Nellore District and also paid the requisite challan amounts under Rule 26 of the Rules, 2025. He further submitted that respondent authorities are empowered to permit shifting of an existing licence in terms of Rule 30(3) of the Rules, 2025. Hence, prayed to direct the respondent authorities to consider the petitioner’s representation dated 04.07.2026 in accordance with law. 4 4. Learned Government Pleader for Excise Department submitted that the authorities would consider and pass orders on the petitioner’s representation in accordance with law. 5. Perused the material available on record and considered the submissions made by the learned counsel for the petitioner. 6. It is not in dispute that Form-2B licence was granted to the petitioner vide License No.NLR/2B/4/2025-28, dated 18.11.2025, for the period from 01.09.2025 to 31.08.2028. It is also not in dispute that the petitioner submitted a representation dated 04.07.2026 to respondent No.4, and the same was duly acknowledged by the respondent authorities. 7. Having regard to the facts and circumstances of the case and taking into consideration the submissions made by the learned counsel for the petitioner, and as the relief sought by the petitioner is innocuous and the authorities have intention to consider and pass orders on the petitioner’s representation, this Court, without expressing any opinion on the merits of the case, is inclined to dispose of the Writ Petition at the admission stage itself by passing the following order: “The respondent authorities concerned are directed to consider and dispose of the petitioner’s representation dated 04.07.2026, in accordance with law, after affording an opportunity of personal hearing to the petitioner, if required, as expeditiously 5 as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order.” 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 03.09.2026 MP 6 59 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO. 24966 of 2026 03.09.2026 MP 7