T.Buchaiah Chowdary, v. State Of Telangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 18386 of 2016 ORDER :

The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of respondents 2 to 4 in not considering the objections of the petitioner dated 03.06.2016 before considering the application of respondent No.5 for grant of 2B licence as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the Assistant Government Pleader for Prohibition & Excise for the State of Telangana appearing for respondents 1 to 4. At the request of both the counsel, the Writ Petition itself is taken up for disposal at the stage of admission. Since this Court is not adjudicating the case on merits, it may not be necessary to hear respondent No. 5.

3. It is the case of the petitioner that he is resident of D.No. 3-1/278, Dr. Reddy Enclave, Bollaram Road, Miyapur, Hyderabad and that respondent No.2 is considering the application submitted by respondent No.5 for grant of 2B licence to run bar and restaurant at Makta Mahabubpet, Circle No.12, Serilingampally, though there are two bars existing at Coco-cola X Roads, Bachupally which are at a distance of 500 meters from the residential colony. It is his case that the existing two bars are

causing lot of inconvenience to him and to the residents of the colony, and if the proposed 3rd bar license is also granted, it will cause much more inconvenience. It is urged that though he submitted objections on 03.06.2016 to respondents 2 to 4, order granting license to respondent No.5 is likely to be passed without taking into consideration the objections raised by him.

4. The learned Assistant Government Pleader submits that till date no 2B license has been granted in favour of respondent No.5 and that the respondents shall consider the objections submitted by the petitioner before passing any orders.

5. In view of the submissions made and having regard to the circumstances of the case, respondent No.2 is directed to consider the objections raised by the petitioner in his representation dated 03.06.2016 and also give personal hearing to the petitioner with regard to the said objections, and pass appropriate orders in accordance with law as early as possible. It is needless to mention that the authorities shall also give an opportunity of hearing to respondent No.5.

6. The Writ Petition is disposed of with the aforesaid directions. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 10.06.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.No.18386 of 2016

10.06.2016