Mohammad Mahamood, v. Prl.Secy., Revenue (Excise) Dept.,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.2161 of 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Prohibition and Excise, representing respondent Nos.1 to 4, while dispensing notice to the unofficial respondent No.5. Perused the prayer in the writ petition with supporting affidavit and other material on record. 2.

The prayer in the writ petition reads as follows: ".......declaring that the action of the respondents in considering application dated 10.01.2018 submitted by the 5th respondent for shifting of his Retail Wine Shop (A-4 Licensee) in name and Style of M/s.Bhadrakali Wines from Vegetable Market, 17th Division, Girmajipet, Warangal, Warangal District to premises bearing No.9-2-40, Charbowli, Water Tank Road, Girmajipet, Warangal, Warangal District in contrary to the provisions of Clause 28 of Telangana Excise (Grant of License of Selling and Conditions of License) Rules, 2012 and also without considering the objections submitted by petitioner opposing the establishment of the above Retail Wine Shop in Premises bearing No.

9-2-40, Girmajipet, Warangal, Warangal District as illegal and arbitrary and consequently direct the respondents not to grant any permission to the 5th respondent for shifting of Retail Wine Shop (A-4 Licensee) in name and Style of M/s.Bhadrakali Wines from Vegetable Market, 17th Division, Girmajipet, Warangal, Warangal District to premises bearing No.9-2-40, Charbowli, Water Tank Road, Girmajipet, Warangal, Warangal District and to pass such other order or orders may deem fit and proper in the circumstances of the case."

3.

It is the submission of the learned Government Pleader that they want to dispose of the representation considering the objections on own merits.

4.

Having regard to the above and by recording the same, the writ petition is disposed of by directing the 2nd respondent to hear the petitioner and other objectors and pass orders on own merits, within four weeks from the date of receipt of the order, and any permitting of shifting is subject to such order of the 2nd respondent, if not already shifted.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 25th January 2018 Note:

Issue C.C. today.

(b/o) mar