M/S. Joy N Joy Restaurant And Bar, v. The State Of Telangana,

HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.37491 of 2017 ORDER:

In this Writ Petition filed under Article-226 of the Constitution of India, the only request of the petitioner is to consider and dispose of his application, dated 01.7.2017, submitted to respondent No.2 following the recommendations, dated 18.7.2017 and 22.8.2017, of respondent No.5 and the Prohibition and Excise Superintendent, Malkajgiri, Medchal, respectively, for alteration of the licensed premises from the existing plinth area of 736 square meters to the proposed plinth area of 452.53 square meters.

Learned counsel for the petitioner would submit, at the hearing, that if a direction is given to consider and dispose of the application of the petitioner after considering the afore-stated recommendations of respondent No.5 and the Prohibition and Excise Superintendent, Malkajgiri, Medchal, the grievance of the petitioner would be redressed.

Learned Government Pleader for Prohibition and Excise (Telangana) appearing for the respondents endorses the said submission. Learned Government Pleader submits that the competent authority is the 3rd respondent.

Having regard to the said submissions, the Writ Petition is disposed of directing the petitioner to submit a fresh application to respondent No.3 within a week from the date of receipt of a copy of this order and on the petitioner submitting such application, respondent No.3 shall consider and dispose of the same forthwith, and preferably within three weeks thereafter, after duly considering the afore-stated recommendations of respondent No.5 and the Prohibition and Excise Superintendent, Malkajgiri, Medchal and communicate the decision taken thereon to the petitioner within a week thereafter. No costs. As a sequel, the Miscellaneous Petitions, if any, pending shall stand dismissed.

___________________________ JUSTICE M.SEETHARAMA MURTI 09thNovember 2017 Note:

Issue CC by tomorrow.

B/o DR