M/S. Yelamuri Restaurant And Bar, v. The State Of Andhra Pradesh, Represented By Its

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO:7854 of 2015 Between:

M/s. Yelamuri Restaurant & Bar, Represented by its Proprietor, Sri Y. Srinivasulu Reddy, S/o. Late Venkatasubba Reddy, R/o. D.No.13-1-47, Peddakapu Street, Tirupathi, Chittoor District.

..... Petitioner AND 1 The State of Andhra Pradesh, Represented by its Secretary, Prohibition & Excise Department, A.P. Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, State of Andhra Pradesh, Hyderabad.

3 The Deputy Commissioner of Prohibition & Excise, Chittoor, Chittoor District.

4 Prohibition and Excise Superintendent, Tirupati, Chittoor District. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondents herein in not considering the representation of the petitioner, dated 18-03-2015 for permitting the petitioner to carry on its business by shifting the premises from Door No.204, T.P. Area, Tirupati to Door No.13-6-772/2, Old Tiruchanur Road, Tirupati situated in present 11th Election Ward of Municipal Corporation, Tirupati as arbitrary, illegal, 'discriminatory and violative of principles of natural justice and seeking consequential direction to the respondents to permit the petitioner for shifting the premises to carry on it's business as usual as per Proceedings in Rc.No.174/2013/A1-1, dated 26-03-2014 of the 4th respondent in the interest of justice.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI V.SATYAM REDDY, Advocate for the Petitioner and of learned Government Pleader for Prohibition & Excise (A.P.), for Respondents, the Court made the following:

ORDER:

The petitioner's application for shifting to another premises was made on 18.03.15 and is pending with the respondents for consideration. The Excise Superintendent as well as the Commissioner shall, therefore,

consider the petitioner's application expeditiously. List on 31.03.15 for reporting further progress. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Secretary, Prohibition & Excise Department, State of Andhra Pradesh, Secretariat, Hyderabad.

2 The Commissioner of Prohibition & Excise, State of Andhra Pradesh, Hyderabad.

3 The Deputy Commissioner of Prohibition & Excise, Chittoor, Chittoor District.

4 The Prohibition and Excise Superintendent, Tirupati, Chittoor District. (1 to 4 by RPAD) 5 One CC to SRI V.SATYAM REDDY, Advocate (OPUC) 6 TWO CCS TO GP FOR PROHIBITION & EXCISE (A.P.), HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD (OUT).

7 One spare copy.

SRL HIGH COURT VVAJ

DATED: 25.03.2015 NOTE: LIST ON 31.03.15 FOR REPORTING FURTHER PROGRESS.

ORDER

W.P.NO. 7854 OF 2015 DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 25.03.2015

VVAJ DATED: 25.03.2015 NOTE: LIST ON 31.03.15 FOR REPORTING FURTHER PROGRESS.

ORDER

W.P.NO. 7854 OF 2015 DIRECTION