T. Srinivas v. Prl. Secy., Rev. (Excise-Ii) Dept. And 4 ORS.

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.31380 of 2017 O R D E R:

This writ is filed under Article 226 of the Constitution of India, for the following relief:

"To issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 4th and 5th respondents in directing the petitioner to close the business even though the licence granted in his favour is in force as illegal, arbitrary and consequently direct the respondents not to interfere in the conduct of business in the premises bearing D.No.27-25-28E, Eluru, Division No.23, West Godayari District,"

2.

At the hearing, reiterating the instructions furnished by the respondents, it is submitted by the learned Government Pleader that in view of opposition from the local people, the respondent authorities have advised the petitioner herein to shift the shop from the present premises. On the other hand, it is submitted by the learned counsel for the petitioner that so long as the license of the petitioner continues to be in force, the respondents herein cannot prevent the petitioner herein from carrying on the business in the subject premises.

3.

Having regard to the submission made by the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of, directing the respondents herein not to interfere with the business activity of the petitioner herein so long as the license granted in favour of the petitioner herein continues to be in force. However, it is open for the respondent authorities to take action in accordance with law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date:25.10.2017 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.31380 of 2017 Dated: 25.10.2017 grk