D.Naresh, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28593 of 2017 ORDER:

This writ petition filed under Article 226 of the Constitution of India challenges the inaction on the part of the respondents in granting A4 licence in favour of the petitioner pursuant to the proceedings Rc.No.84/2017/B, dated 31.03.2017, of the Prohibition and Excise Superintendent, Penukonda, 2nd respondent herein. Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise for the respondents.

The petitioner emerged as a successful applicant for shop bearing Gazette S.No.156 of Penukonda Excise District for the lease year 2017-19 for a period of 24 months and to the said effect the Prohibition and Excise Superintendent, Penukonda, issued proceedings, dated 31.03.2017.

Thereafter, the petitioner submitted a representation on 15.07.2017 to the authorities requesting them to grant licence by indicating the proposed premises. The material on record further discloses that vide proceedings C.R.No.3788/2017/CPE/F3, dated 21.07.2017, the Commissioner of Prohibition and Excise, A.P., Amaravathi, Vijayawada, requested the Deputy Commissioner of Prohibition and Excise, Ananthapuram, to issue licence to the petitioner, if the premises is in accordance with law.

The grievance of the petitioner in the above background is that despite the said direction issued by the office of the Commissioner of Prohibition and Excise, no action has been taken so far by the Prohibition and Excise Superintendent, Penukonda, Ananthapur District, the licensing authority. The representation, dated 15.07.2017, of the petitioner clearly discloses that the petitioner indicated certain premises for location of the shop. According to the petitioner, no action has been taken so far.

Having heard the learned counsel for the petitioner and the learned Government Pleader and in the facts and circumstances of the case, this Court deems it appropriate to dispose of the writ petition with a direction to the 4th respondent to take appropriate action pursuant to the order of the Commissioner of Prohibition and Excise vide C.R.No.3788/2017/CPE/F3, dated 21.07.2017, by taking into consideration the representation, dated 15.07.2017, submitted by the petitioner, within a period of two weeks from the date of receipt of this order. No order as to costs. Miscellaneous petitions, if any, shall also stand disposed of.

__________________ A.V.SESHA SAI, J Date: 31.08.2017 ES