Pasaragonda Sammaiah and another vs The State of Telangana and 5 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE OR.

JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 8717 OF 2022 Between: '1.

Pasaragonda Sammaiah, S/o.llaiah, Aged about 41 Years, Occ.A-4 Licence Holder, l\,'1ls.Hanuman Wines, G.Sl.No.PDPO'10, # 4'7-7, Shop No.1, Ward No.12, Kaman to Jendah Chowrastha Road, Peddapally Town and District.

2.

Pulluri Venu Gopal Rao, S/o.Hanumantha Rao, Aged about 53 Years, Occ.A-4 Licence Holder.

M/s.Sri Rama Wines, G.Sl.No.PDPo11, # 3-3'193, Shop No 2' Ward No.'12, Kaman to Jendah Chowrastha Road, Peddapally Town and District.

AND 1 The State of Telangana, Rep. by its Principal Secretary, Proh. and Excise Department, Secretariat, Hyderabad.

The Commissioner, Proh and Excise, Telangana State, Hyderabad.

The Deputy Commissioner, Proh. and Excise Department, Karimnagar Division, Karimnagar.

The District Proh. and Excise Officer, Peddapally District at Peddapalli.

The Prohibition and Excise lnspector,, Peddapally Station, Peddapally, Peddapally District.

B.Anudeep, S/o.B.Raiesham.

Aged about 38 years, Occ.A-4 Licence Holder, tril/s.Renuka Yellamm'a Wines.

G.Sl.No.PDP)O?, # 4-349712 and 4-3-19713, Ward No.6, Kaman to Rangampalli lvlain Road, Peddapally Town and District. ...RESPONDENTS Petition under Arlicle 22A of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more especially one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 5 in not considering the objections of the Petitioners, DL31lo112022 made pursuant to the Application made by the 6th Respondent, D1.28t0112022 for Shifting of his existing A-4 License Shop i.e..G.Sl.No.PDP009, H.No.4-3-1 9712 and 4-3-19713, Ward No 6, Kaman to Ranqampalli Main Road, Peddapally Town to the non notified premises bearing H.

No. ing H.

No.2-7-99l13/2, Ward No.18, Tenuguwada, Peddapally Town as illegal, arbitrary and contrary to Rules under T.S Excise (Grant of License of selling by Shop and Conditions of License) Rules 2012 and consequently direct the Respondents 2 to 5 not to grant any Shifting Permission to the 6th Respondenl's A-4 Licence Shop G.Sl.No.PDPoOg. situated at H.No.4-3-19712 and 4-3-19713, Ward No.6, Kaman to Rangampalli l\ilain Road, Peddapally Town and District pursuant to his Application, Ot.28lO1l2O22 by duly considering the obiections of the Petitioners , D1.3110112022 ...PETITIONERS lA NO: 1 OF 2022 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 2 to 5 not to grant any Shifting Permission to the 6th Respondent's A-4 Licence Shop G.Sl.No.PDPOo9, situated at H.No.4-3-19712 and 4-3-19713, Watd No.6, Kaman to Rangampalli Main Road, Peddapally Town and District pursuant to 2 3 4 5 6 his Application, Dl.28tO1t2O22 by duly considering the objections of the Petitioners, O1.311O112022 pending disposal of the above writ petition.

Counsel for the Petitioners: SRl, C.HARI PREETH Counsel for the Respondent No's.

1 to 5: GP FOR PROHIBITION & ExclSE Counsel for the Respondent No.6:NONE APPEARED The Court made the following: OROER I I THE HON'BLE DT' JUSTICE SHAMEEM AKTHER WRIT PETITION No.8717 of 2022 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by lhe petitioners, wherein, the following prayer is m ade. "...to issue any writ, order or direction more especially one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 5 in not considering the objections of the Pe:titioners Dt.31-01-2022 made pursuant to the Apptication made by the 6t" Respondent Dt 28-01-2022 for iiifting of his existing A-4 License Shop i.e., G.S/ /Vo' PDPOob H,No.4-3-197/2 and 4-3-197/3, ward No. , ward No.6, Kaman to Rangampalli Main Road, PeddapallY Town to the non-' notifiei premises bearing H.No.2- 7-99/ 13/2 ward No'18, Tenuguwada, Peddapatly Tawn as illegal, arbitrary and- contiary to Rules under T.S Excise (Grant of License of selling by Shop and Conditions of License) Rules 2012 and cons;quently direct the Respondents 2 to 5 not to grant any Shifting.

Permission to the 6th Respondent's A-4 Licence Siop c.St.tuo.COPoOg, situated at H.No.4-3'197/2 and 4- 3-197/3 Ward No.6, Kaman to Rangampalli Main Road, Peddapalty Town and District, pursuant to his Applica-tion Dt.28-01:2022 by duty considering the objections of the Petitioners Dt.31-01-2022 and to pass such other order or orders..." 2.

Heard the lea rned Government Pleader for counsel for the petitioners, learned Prohibition and Excise appearing for \ respondent Nos.1 to 5 and perused the record 3.

The learned counsel for the petitioner would submit that the pursuant to the application dt.28.01.2022 submitted by the respondent No.6 to shift his existing A-4 licence Shop ie, G.Sl.No.PDPOOg, H.No.4-3-19712 and 4-3-L9713, Ward No'6, Kaman to Rangampalli Maln Road, Peddapally Town to non-notified premises bearing No.2-7 -gg/1312, Ward No'18, Tenuguwada, Peddapally Town, the petitioners submitted objection petitions dated 31.01.2022 to the authorities concerned' The petitioners I 2 seek a direction to the respondent Nos.2 to 5 to consider their objection petitions and not to grant any permission to the respondent No.6 to shift his A-4 licence shop.

4.

On the other hand, the learned Government pleader for Prohibition and Excise, on written instructions would submit that the application of the respondent No.6 along with the objection petitions of the petitioners were sent to the respondent No.2- Commissioner, Prohibition and Excise, Telangana, as he is the competent authority to accord shifting permission.

5. ission.

5.

Since it is submitted by the learned Government pteader For Prohibition and Excise that the objection petitions of the petitioners are under examination by the respondent No.2-Commissioner, Prohibition and Excise, Telangana, no Further orders are required to be passed in this writ petition.

6.

With the above observation, this Writ petition is disposed of.

Miscellaneous petitions, if any, pending in this Writ petition shall stand closed.

No order as to costs. //TRUE COPY// SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR lv' SECTION OFFICER To, '1.

The Principal Secretary, Proh. and Excise Depa(ment, State of Telangana Secretariat, Hyderabad.

3.

The Prohibition and Excise lnspector, Peddapally Station, Peddapally, Peddapally District.

One CC to SRl.

C.HARI PREETH Advocate IOPUCl 7.

Two CCs to GP FOR PROHIBITION & EXCISE ,High Court for the State of Telangana. [OUT] 8.

Two CD Copies.

9.

One Spare Copy.

GB A.V I t_ HIGH COURT DATED:1710212022 ORDER WP.No.8717 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

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