District v. Nakkaladinne, Madanapalli, Chittoor District

In this writ petition, the petitioners seek directions by way of Mandamus to declare the action of respondents in proposing to grant license to run a Bar and Restaurant in premises bearing Door No.2/219 situated at Patel Road, Madanapalle, Chittoor District as illegal and arbitrary.

The petitioners along with others, have filed objections before the Commissioner and Deputy Commissioner of Prohibition and Excise, raising several objections against grant of license to the proposed Bar and Restaurant in the premises bearing Door No.2/219, Patel Road, Madanapalle, Chittoor District. Principally it is their claim that the area where the house bearing Door No.2/219 is located, is a residential area and is nearer to the educational institutions and therefore, no license can be granted. On the other hand, it is submitted on behalf of respondents that even before grant of license by the competent authority as per the Rules framed, petitioners have approached this Court.

The grant of license for Bar and Restaurant is governed by G.O.Ms.No.997, dated 24th of May 2005 framed under Section 72 of the Andhra Pradesh Excise Act, 1968. As per the procedure contemplated under the Rules, there is a requirement of obtaining prior clearance under Rule 5(1)(a) from the Commissioner. The licensing authority is Deputy Commissioner. But as of now, as there is no license granted to the 4th respondent, it is open for the petitioners to raise their objections before the licensing authority against grant of license in favour of the 4th respondent, but even before any license is granted, in anticipation of grant of license, the petitioners cannot seek directions by way of Mandamus stating that the area is a residential area.

Asmuch as the license is not yet granted in favour of the 4th respondent and asmuch as it is stated that the petitioners have already filed objections on 21st of January 2008 before the Deputy Commissioner of Prohibition and Excise, Chittoor who is the licensing authority for Bar and Respondents under the Rules, I deem it appropriate to dispose of the writ petition directing the 2nd respondent- Deputy Commissioner to consider the objections of the petitioners on the application of the 4th respondent, hear the petitioners, and dispose of the same before issuance of license to the 4th respondent. However, it is open for the licensing authority to consider whether the application of the 4th respondent is in conformity with the Rules framed under the Excise Act or not.

4. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 26th February 2008 N.B: Furnish C.C. in two days. (b/o) To 1 The Government of Andhra Pradesh represented by its Commisioner, Prohibition & Excise Department, Hyderabad. 2 The Deputy Commissioner of Excise, Chittoor. 3 The Muncipal Commissioner, Madanapalle Municipality, Chittoor District. 4 B.Venugopal S/o.Venkataramana, Aged 45 years, R/o.1-39, Nakkaladinne, Madanapalli, Chittoor District.