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High Court for State of TelanganaWP/35720/2012dismissed as infructuous

Indra Restaurant And Bar v. Government Of Andhra Pradesh Rep. By Its Principal

2016-02-18A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 35720 of 2012 Order:

This writ petition was filed challenging the action of the respondents in not granting permission to the petitioner to establish and run a Restaurant and Bar in the name and style of M/s. Indra Restaurant and Bar in the premises bearing Door No.80-67-1 and 8067-2, Aditya Nagar, Kurnool.

2. No interim direction was granted at the time of admission of the writ petition. In view of lapse of time and in view of the changed circumstances, it is open to the petitioner to apply afresh in accordance with law, if he is otherwise eligible, as the counter affidavit of the respondents states as follows.

"It is submitted that Government of Andhra Pradesh in GO Ms. No.723, dated 02.08.2010 issued policy guidelines to permit new bars very sparingly at places of requirement duly fixing population as criteria for grant of 2B Bar licenses. It is submitted that as per the report of respondents 3 and 4 the population of Kurnool Municipality as per 2001 census is 3,52,832 and it is eligible to have only 17 Bars and at present

(17) Bars are existing in Kurnool Municipal Corporation area and as such there is no scope for grant of new Bar for 201213 in thelight of criteria prescribed under GO Ms.No.723, Dt.02.08.2010. It is submitted that the 2nd respondent in the light of GO Ms.No.723 and considering the fact that the Kurnool Municipal Corporation is eligible to have only (17) Bars and as already (17) Bars are existing rightly rejected the request of the petitioner as there is no scope for grant of new Bar in Kurnool Municipal Corporation area by his proceedings in Cr.No.14759/2012/CPE/M4, dt.19.01.2013."

3. The Writ Petition is, accordingly, dismissed subject to the above observations. However, in the circumstances, no costs.

4. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 18.02.2016 Nsr