P. Dhanajeyulu v. The State Of Ap.,Rep By Its Prl.Secretary And 3 Others

THE HON'BLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.4233 of 2016 ORDER:

Heard the learned counsel for the petitioner as well as the learned Government Pleader for respondents 1 to 3 . The prayer in the writ petition is as under:

".... to issue an order, writ or direction more particularly in the nature of a writ of Mandamus under article of the constitution of India declaring the order passed by the 3rd respondent dated 3.2.2016 directing the petitioner to shift his retail liquor shop bearing GS No.179/2015-17 from the present premises bearing Door No.3/121, BSR Center, Main Road, Atmakur, SPSR Nellore District to any other location without issuing any notice and without providing any opportunity as illegal, arbitrary and violative of principles of natural justice set aside the same and direct the 2nd respondent to issue regular license to the petitioner for carrying on retail liquor business in the above said premises and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

During the course of hearing, it is brought to the notice of this Court by the learned counsel for the petitioner that the license of the liquor shop is for a period of two years i.e. from 2015 to 2017, which period has already expired. Therefore, no further cause would survive in the present writ petition and the same has become infructuous.

Accordingly, the Writ petition is dismissed as infructuous. However, liberty is given to the petitioner to raise an objection in the event the liquor license is given to the 4th respondent or any

other person in violation of Rule 25 of the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2012.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.KESHAVA RAO Date: 19/04/2018 lkv