Thota Siddi Mallesh v. The State Of Telangana

HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.742 of 2018 ORDER:

This writ petition is filed seeking the following relief: "..to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent Nos.1 to 4 in not acting upon the representations dated 11.10.2017 and 31.10.2017 of the petitioner as arbitrary, illegal and unconstitutional and consequently seize M/s. Broadway Restaurant & Bar situated at premises No.2-157 (2-136), Plot No.66, SLNS Colony, Balapur X Road, Meerpet, Saroornagar Mandal, L.B. Nagar Municipality, Ranga Reddy District and pass such other order or orders in the interest of justice."

2.

I have heard the submissions of learned counsel for the petitioner and of learned Government Pleader for Prohibition and Excise appearing for respondents 1 to 4. I have perused material record.

3.

The grievance of the petitioner is that the respondents 5 to 7 are running a Bar in violation of the provisions of the Excise Laws and even without existence of a valid licence for running such a Bar and that despite his representations, dated 11.10.2017 and 31.10.2017, no action has been taken by the respondents 1 to 4 and therefore, the present writ petition is filed. 4.

At the hearing, learned counsel for the petitioner submits that if a direction is given to respondents 1 to 4 to consider and dispose of the representations of the petitioner, the ends of justice would be met.

5.

Learned Government Pleader appearing for respondents 1 to 4 endorses the said submission.

6.

Recording the above submissions, the Writ Petition is disposed of directing the second respondent to consider and dispose of the representations, dated 11.10.2017 and 31.10.2017,

of the petitioner in strict accordance with the procedure established by law, within three weeks from the date of receipt of a copy of this order, however, after affording an opportunity of hearing to the petitioner as well as the unofficial respondents 5 to 7 and communicate the decision taken thereon to the petitioner within a week thereafter. In the meanwhile, if it is noticed by respondents 1 to 4 that the unofficial respondents are running the Bar in violation of law, the said respondents shall take action forthwith by following the procedure established by law. 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 va