M/S.Samatha Restaurant And Bar, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28104 of 2017 ORDER:

Heard Sri P. Gangaiah Naidu, learned Senior counsel, representing Sri N. Bharat Babu, learned counsel for the petitioner on record.

In the present writ petition, challenge is to the action of respondent Nos.3 to 5 in not processing the application for grant of licence in Form-2B on the ground that the premises at D.No.16-1-226, 227 and 228 is situated within 500 meters distance from NH 167-A and consequently, the petitioner prays for a direction to process the said application. According to the learned Senior counsel, the proposed premises is situated within the municipal limits of Narsaraopet. When the matter is taken up, learned counsel for the petitioner placed on record the order passed by the Hon'ble Apex Court on 11.07.2017 in SLP (Civil) No.10243 of 2017. In the said order, the Hon'ble Apex Court clarified that the order passed earlier does not prohibit licensed establishments within municipal areas.

In view of the same, this writ petition is disposed of, permitting the petitioner to make a representation to the respondents by enclosing a copy of the order of the Hon'ble Apex Court referred to supra for processing the application filed for grant of licence in Form-2B and to take further action, within one week from the date of receipt of this order

and on receipt of the same, the respondents shall consider the said representation and pass appropriate orders in accordance with law. No order as to costs.

Miscellaneous petitions, if any, shall also stand disposed of.

__________________ A.V.SESHA SAI, J Date: 01.09.2017 ES