ALWARUSETTY CHENCHAIAH vs THE STATE OF ANDHRA PRADESH

APHC010078612023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3924/2023 Between: 1.

ALWARUSETTY CHENCHAIAH, S/O CHENCHU RAMAIAH, AGED 65 YEARS, OCC.

PRACTICING ADVOCATE, RIO D.NO.24/559, MULAPET, NELLORE-524003, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAL BUILDINGS, VELAGAPUDI, AMARAVATHI.

2.

THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.

3.

THE NELLORE MUNICIPAL CORPORATION, REP.

BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT.

4.

THE DISTRICT PROHIBITION AND EXCISE OFFICER, NELLORE DISTRICT, OFFICE AT D.NO.26-1-1784, B.V.NAGAR, NELLORE- 524004.

5.

THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, TALUK OFFICE COMPOUND, GUNTUR-522002.

6.

THE COMMISSIONER OF PROHIBITION AND EXCISE, STATE OF ANDHRA PRADESH, EXCISE COMPLEX, RS NO.88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108.

7.

M/S CHAITANYA RESTAURANT AND BAR, REP.BY ITS PROPRIETOR SURAPANENI KRISHNA CHAITANYA, S/O MALLIKARJUNA, R/O FLAT NO.302, SAI ENCLAVE, PEDDA CHERUKURU VILLAGE, NELLORE RURAL, NELLORE - 524002. ...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 one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the petitioner's representations dated 19-11-2022 and 10-01-2023, requesting to cancel the lience of M/s Chaitanya Restaurant and Bar, running in the House bearing D.No.23/936, Shop No. , Shop No.12, Ground Floor, SVS Complex, Achari Street, Nellore-524001, SPSR Nellore District, as illegal, arbitrary, violation of principles of natural justice apart from violation of Rules and Regulations contemplated there under and consequently direct the respondents to cancel the licence of the M/s Chaitanya Restaurant and Bar, running in the House bearing D.No.23/936, Shop No.12, Ground Floor, SVS Complex, Achari Street, Nellore-524001, SPSR Nellore District and further direct the 3rd respondent to cancel the trade licence of M/s Chaitanya Restaurant and Bar, and pass IA NO: 1 OF 2023 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 direct the respondents forthwith to cancel the licence of the M/s Chaitanya Restaurant Sr Bar, running in the House bearing D.No.23/936, Shop No.12, Ground Floor, SVS Complex, Achari Street, Nellore-524001, SPSR Nellore District, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1.

K VISWANATHAM Counsel for the Respondent(S): 1.

GP FOR PROHIBITION EXCISE 2.

GP FOR MUNCIPAL ADMN URBAN DEV 3.

KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) 4.

MALIREDDY GOWTHAM The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3924 OF 2023 ORDER: The present writ petition is filed seeking a direction to the official respondents to cancel the licence of respondent No.7 on the ground that respondent No.7 has located the Bar within 100 meters distance from the College, which is contrary to the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules.

Learned counsel for respondent No.7 furnished proceedings dated 03.10.2025, wherein it indicates that as per the report of the Station House Officer, Prohibition & Excise Station, Nellore-I, no Bar licence should be sanctioned at SVS Complex, Achari Street, Nellore City, in City, in strict adherence to Rule 25 of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2025.

Respondent No.7 has shifted to another premises to avoid further litigation.

Learned counsel for petitioner does not dispute the same.

As the grievance of the petitioner has been redressed, nothing remains in the writ petition to adjudicate further.

Therefore, the present Writ Petition is closed.

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: 19.11.2025 KBN 70 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3924 of 2023 Date: 19.11.2025 KBN