Bommidi Venkata Siva Nagaraju, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22817 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in not granting licence in Form-A4 in favour of the petitioner pursuant to the proceedings in Rc.No.15/2017/C1 dated 31-3-2017 intimating the petitioner that the petitioner is selected for the grant of A4 licence from 1-7-2017 to 13-6-2019 on the ground that the 7th respondent passed a resolution in Item No.22 dated 27-6-2017, not to grant licence in Hari Prasad Nagar, Chirala, Prakasam District and also to declare the Resolution item No.22 dated 22-6-2017 passed by the 7th respondent directing the 3rd respondent not to grant licence in respect of Shop No.

80 behind reading room, Hari Prasad Nagar, Ward No.30, Chirala, Prakasam District as illegal, arbitrary and consequently direct the 3rd respondent to issue Licence in Form A-4 in favour of the petitioner to run Wine shop in Premises bearing No.3-9-44, Hariprasad Nagar, Ward No.30, Chirala Municipality, Prakasam District."

2.

It is stated in the affidavit filed in support of the writ petition that respondent No.3 published a notification calling applications for grant of licence in Form-A4 through drawal of lots under Rule 5 of the Andhra Pradesh Excise (Grant of Licence of selling by shop and conditions of licence) Rules, 2012, dated 24.03.2017, in Rc.No.15/2017/B1 among other shops in the notification. 12 shops were notified in Chirala Municipality. The petitioner

submitted an application for grant of A-4 licence in respect of shop No.73. Respondent No.3 conducted drawal of lots on 31.03.2017 in respect of shop No.73 of the notification. The application of the petitioner was selected in the drawal of lots and accordingly, he was issued intimation vide proceedings in Rc.No.15/2017/C1, dated 31.03.2017, by respondent No.3 intimating the petitioner that he was selected for grant of A-4 licence in any area in Chirala Municipality subject to fulfilling the conditions specified in the intimation letter. The petitioner has paid licence fee of Rs.11,25,000/- for the years 2017 and 2018 and a sum of Rs.5,10,000/- for running a permit room and furnished bank guarantee of Rs.11,25,000/- for the year 2018-2019. The licence period commences from 01.07.2017 to 30.06.2018 and 01.07.2018 to 30.06.2019.

Respondent No.3, on receipt of the bank guarantee and licence fee, selected the premises bearing D.No.3-9-44, Hariprasad Nagar, Ward No.30, Chirala Municipality, Prakasam District. Respondent No.3, even after compliance of the conditions specified in the intimation letter, dated 31.03.2017, by the petitioner, refused to issue licence in Form A-4 on the ground that respondent No.7 passed a resolution, dated 27.06.2017, not to grant licence in the said premises on certain grounds. Hence, the petitioner filed the present writ petition.

3.

While hearing the arguments, learned Standing Counsel appearing for respondent No.7 fairly submits that a direction may be given to the authorities concerned to issue licence in Form A-4

to the petitioner if the petitioner's application is in accordance with the rules and regulations as required by law. 4.

Recording the submission of the learned Standing Counsel, the authorities concerned are hereby directed to issue licence in Form A-4 to the petitioner if the petitioner's application is in accordance with the rules and regulations as required by law. 5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date: 18.07.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22817 OF 2017 Date: 18.07.2017 AMD