Md.Khaza v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17532 OF 2017 ORDER:

This writ petition is filed seeking to issue a writ of mandamus to declare the action of the respondents 2 to 5 in considering to grant license in Form-2(B) in favour of 6th respondent to setup Bar & Restaurant in Premises bearing D.No.16-11-22/ D/ 1/ 1 (16-11-22), Krishna Tulasi Nagar, Moosarambagh, Malakpet, Hyderabad, as illegal and arbitrary and consequently, direct the respondents 2 to 5 not to grant any licence to the 6th respondent in Form-2(B). Heard and perused the material available on record. The case of the petitioner is that the 6th respondent has made an application to the respondents 2 and 3 for grant of license to setup Bar & Restaurant under Excise Act in his name in the above mentioned premises and on coming to know the same, the petitioners made representation, dated 17.05.

2017, to the respondents 2 to 4 raising objections on the grounds that the same is being located within predominantly residential are of the said locality and there is no parking place in the above mentioned premises. Though the petitioners and other locality people are making objections for grant of license to the 6th respondent, the official respondents are bent upon to grant license to the 6th respondent.

Considering the nature of the grievance of the petitioners, this Court is inclined to pass the following order: The petitioners are directed to give fresh representation to the official respondents informing their grievance and the official respondents are directed to take into consideration the said

representation of the petitioners and follow the rules and procedure prior to grant permission to the 6th respondent for establishing the Bar & Restaurant.

With the above directions, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, pending if any, shall stand closed.

______________ RAJA ELANGO, J June 02, 2017 KTL