M/S Anu Restaurant And Bar, v. The Prohibition And Excise Superintendent,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.37655 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the writ petition, it is therefore prayed that this Hon'ble High Court may be pleased to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the 1st respondent not permitting the petitioner to run M/s Anu Restaurant and Bar, License No. 98/2017, # R.S. No.249/2, Street K.T. Road, Vijaywada Rural, Krishna District, for the period 01.06.2017 till 30.06.

2022, in pursuance of the representation filed by the petitioner as arbitrary, illegal, discriminatory violating the principles of natural justice but also violating Article 14, 19 [1] [g] and 21 of the Constitution of India and issue consequential directions, directing the 1st respondent to permit the petitioner to run M/s Anu Restaurant and Bar, License No. 98/2017, # R.S. No.249/2, Street K.T. Road, Vijaywada Rural, Krishna District, for the period 01.06.2017 till 30.06.2022, in considering and disposing the representation filed by the petitioner and pass such other order or orders as it deems fit and proper in the circumstances of the case."

(Reproduced verbatim) 2.

I have heard the submissions of Sri P. Bhaskar Mohan, learned Senior Counsel appearing for the petitioner, and of the learned Government Pleader for Excise appearing for the respondents 1 to 4. 3.

At the hearing, Sri P. Bhaskar Mohan, learned Senior Counsel appearing for the petitioner would submit that if a direction is given to consider and dispose of the representation of the petitioner, the ends of justice would be met. Learned Government Pleader for Excise appearing for respondents 1 to 4 endorses the said submission.

MSRM, J W.P.No.37655 of 2017 4.

Recording the said submissions, the Writ Petition is disposed of directing the 2nd respondent to consider and dispose of the petitioner's representation, dated 18.10.2017, in strict accordance with procedure established by law within a period of three (03) weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner within a week thereafter. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 16th November, 2017 Note: Issue C.C. today (B/o.) KL

MSRM, J W.P.No.37655 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.37655 of 2017 Date: 16th November, 2017 KL