M/S. Chandu Restaurant And Bar v. M/S Saketha Restaurant And Bar

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No.333 of 2019 Date: 29.11.2019 Between:

M/s. Chandu Restaurant and Bar ... Appellant and M/s. Saketha Restaurant and Bar, Rep. by its Proprietor and License Holder, Smt. Nallagonda Anitha, Kodad, Suryapeta District, and others.

...Respondents

Counsel for the appellant:

Mr. Jalli Kahakaiah Counsel for respondent Nos.1 to 3 : Mr. P.V. Ramana Counsel for respondent Nos.4 to 8 : GP for Prohibition & Excise The Court made the following:

HCJ & AAR, J W.A. No.333 of 2019 Dt: 29.11.2019 JUDGMENT: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellant has filed this appeal against the order dated 26.02.2019, passed by a learned Single Judge allowing W.P.No.38509 of 2018 filed by the respondent Nos.1 to 3 challenging the order dated 05.09.2018, whereby lease was granted in favour of the appellant.

The learned counsel for the appellant seeks permission of this Court to withdraw the present appeal with liberty to file a fresh application under the new Excise Policy before the concerned authority.

Therefore, the appeal is, hereby, dismissed as withdrawn. The appellant is granted liberty to file an application for seeking appropriate relief before the concerned authority. The concerned authority is directed to consider the appellant's case in the light of the new excise policy, and to pass necessary orders, strictly in accordance with law, within a period of one month from the date of filing of the application. The competent authority shall be uninfluenced by the observations made by the learned Single Judge in the impugned order dated 26.02.2019. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall also stand dismissed.

________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (A. ABHISHEK REDDY, J) Date: 29.11.2019 va

HCJ & AAR, J W.A. No.333 of 2019 Dt: 29.11.2019