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High Court for State of TelanganaWP/21497/2016disposed of no costs

K. Jagadishwar, v. The State Of Telangana,

2016-07-01C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.NO.21497 OF 2016

O R D E R

Heard the learned counsel for the petitioners and the leaned Government Pleader for Prohibition and Excise and at their request, the matter is taken up for disposal at the stage of admission.

The case of the petitioners as per the averments made in the affidavit filed in support of the writ petition is that they along with respondent No.4 are the partners of M/s Blue King Restaurant and Bar, which is being run at premises bearing H.No.482, Plot No.77, near Big Bazar, Kamineni X roads, Mansoorabad, L.B. Nagar Hyderabad. When the 4th respondent tried to transfer the licence in favour of third parties, they filed suit in O.S.No.321/2016 on the file of II Junior Civil Judge at L.B.Nagar, Rangareddy District and obtained orders of status quo. Subsequently they got issued notices to respondents 2 and 3 - Commissioner of Prohibition and Excise Department and the Superintendent of Prohibition and Excise informing the order of status quo against the 4th respondent.

In spite of the order of status quo, the respondents 2 and 3 have been renewing the licence No.636 in favour of the 4th respondent and also permitted him to shift the business from the present premises. It is said that for the year 2016-17, the 4th respondent has filed application for renewal of licence in his individual name, depriving the rights of the petitioners. The grievance of the petitioners is that though they have made representation dated 18.6.2016 bringing to the notice of authorities about the pendency of the civil proceedings and acts of the 4th respondent in depriving the legal rights of the petitioners, the respondents 2 and 3 are not taking any action. Hence the writ petition.

Having regard to the averments made and without going into the merits of the case, the writ petition is disposed of directing the respondent No.3 - Superintend, Prohibition and Excise Department, Saroornagar, Rangareddy District, to consider the representation dated 18.6.2016 said to have been filed by the petitioners and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order, after giving opportunity of hearing to the petitioners and the 4th respondent. No costs. Miscellaneous petitions pending if any, shall stand closed.

AVS -------------------------------- 01-07-2016 Note:

Issue C.C. in two days.

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