K G Rao v. Ap

HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.557 of 2018 ORDER:

The grievance of the petitioners is with regard to entertaining and considering the request of the fifth respondent for shifting of his A4 shop from the present premises to a premises in the village of the petitioners, where according to the petitioners, there are religious and educational institutions and that therefore, the shifting of the shop of the fifth respondent, as desired by him, if permitted, causes hardship and inconvenience to the residents of the village, particularly, the devotees visiting the temple and the children of the school. The petitioners would further state that despite the representations, dated 29.12.2017, given by them to respondents 1 to 3, no action has been taken and hence, the present writ petition is filed.

2.

Learned counsel for the petitioners would submit that if a direction is given to the third respondent to consider and dispose of the representations of the petitioners while entertaining and considering the application of the fifth respondent for shifting of his A4 shop, the ends of justice would be met. 3.

Learned Government Pleader for Prohibition and Excise appearing for respondents 1 to 3, while endorsing the said submission, would submit that the third respondent would take an appropriate decision in the matter in accordance with procedure established by law.

4.

Recording the submissions, the Writ Petition is disposed of directing the third respondent - the Commissioner of Prohibition

and Excise to consider and dispose of the representations, dated 29.12.2017, of the petitioners, before entertaining and considering the application of the fifth respondent for shifting of his A4 shop from the present premises to a premises in Polipalli Lingalavalasa Village, and communicate the decision taken thereon to the petitioners. While doing the said exercise supra, the third respondent may afford an opportunity of hearing to the petitioners. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _____________________________ M. SEETHARAMA MURTI, J Date: 05.01.2018 Note: Issue CC tomorrow B/o va