High Court · 2025

under Article 226 ol lhe Constitution of lndia praying that in the in the affidavit filed therewith, the High Court may be circumstances stated Order or Direction more particularly one in the nature of pleased to issue Writ WRIT OF N/ANDAN/US, declaring the notices ie 1) Cr.No.B1112712025 dI 24-04-2025. dt 15-05-2025, issued by Prohibition and Excise lnspector' SH o, Malakajgiri, tVledchal tt/lalkajgiri District and 2) Cr.No A2lSpli2025lMKG dt 11-08-2025 issued on 3O_08-2025, prohibition and E>rcise lnspector, SHO Malakaigiri' Medchal lvalkajgiri District issued by the respon(ient no.6 without following the due procedure as per amended rerangana Excise rures 2005 by way of G O iv'is i'lc -i0 (Excise-ii) dt. 10-05-2023, wheiebv the ircersee being the co-owner of the land can also seek renewal of license, as ille,lal, arbitrary and unconstitutional, violative of amended Telangana Excise rules 2005 by way of G o N/s No 46 (Excise-') dt. 1o-o5-2023 and con,iequonay direct the Respondents No. i to 6 to consider the renewal applicatior ,rO" irr* o"'*0,, dt'08-09-2025 fired arongwith copies of gift deed showing ownership of rand and by paying requisite fee through onrine and to let the petitioner operate and run the business actrvities of M/s Samrat Restaurant and Bar p.ndinr; writ petition. lA NO: 1 oF 202 Petition under Section 15 j CpC praying that in in the affidavit filed in support of the petition, the High direct the consequenfly direct the Respondents No. renewal applicatio n gift deed showing o and to let the petiti Restaurant and Bar the circurnsta nces stated Court may be pleased to 1 tr 6::o consider the made based on reply dt.0g-0g_2025 file,J slepgyT;16 copies of wnershrp of land and by paying requisile fe€ through online oner operate and run the business activities of A/l/s Samrat pend ing writ petition. Counsel for the petitioner: SRI B.MOHAN Counsel for the Respondent No.1 to 6: AGp FOR PROHIBITION 6, EXCISE The Court made the following: ORDER HON'BLE SRI JUSTICIT K. LAKSHMAN WR.IT PETITIO N No.28339 OF 2025 ORDER: Heard Sri B. Mohan, lealned counsel for.the petitioner and learned Asst. Govt. Pleader for Prohibition and Excise'

2. The petitionet' herein has obtained license dated I l'10'20 l3 lor sale of Indian Made Foreign Liquor/Foreign l-iquor by Bar to be consumed on the premises. It was renewed and renewal certificate dated 26.10.2024 was also issued. It is valid upto 30 09'2025' 5tr' respondent has issr'red a notice dated l5'05'2025 directing the petitioner to produce renewed registered lease deed' The petitioner has submitted explanation dated 20.05.2025 to the said notice. 5,r,respondent has issuecl second notice dated 30.08.2025 with similar request. The petitioner has subrnitted explanation dated

08.09.2025 to the said notice

3. It is the specific contention of the petitioner herein that he is the Managing Paftner ol the Bar. The petitioner and his brother N. Srikanth Goud/ 7'h lespondent herein are the joint owners and possessors of the subject property. 7th respondent has filed a suit vide o.S.No. 1932 of 2022 against the petitioner and his Bar. 'I-l.rc said suit is pending. Therefore, the petitioner is in possession of the subject 2 @\ \ \_ -; dd- '.:- ,rrr:..,. ,_ 'r property. He is seeking a direction to 3'd respond(lnt to renew the license considcring the said aspects. He is also seeking a direction to 5'h respondent to consider the explanation dated 08.0 ).202 5 submitted by him to the second notice dated 30-08.2025.

4. Leamed counsel for the petitioner placed reliance on Annexure -II in Forrn-4B under Rule 5 of the l'elanlSana Excise (Grant of Licence of Selling by Bar and Condition olLicr:nce) Rules, 2005 of G.O.Ms.No.46, Revenue (Excise-ll), Dr:partrnent, dared

10.05.2023. Referring to Form-4B/affidavit, lcarnecl counsel for the petitioner subrnits that the petitioner is the owner ancl in p,rssession of the subject property and it has valid lease deed in r€rspecr. of the said propefty where the bal is iocatcd. Therefolc, according, to learned counsel, the petitioner is in possession of the srubjer:t property. Therefore 5'h respondent has to consider t[-re said aspect including the reply dated 08.09.2025 submitted by the pctitionerr to the second notice dated 30.08.2025. The petitioner has also subnritted rental deed along with the reply dated 08.09.2025.

5. Leamed counsel for the petitioner, on instr-uct ons, would submit that though the petitioner filed present writ petition to declare the notices dated 11.08.2025,30.08.2025 as illegal and seeking a :/ l direction to respondent No.5 to consider replies submitted by him to rt - -^;,-.{,-^+;^-- Lrr.! Jdr \r rrl,!r!LJ \ \

6. Learned Govt. Pleader lor Prohibition and Excise would contend that for considering renewal of the license, valid lease and possession is mandatory. Ttre said aspects were considered by this Court vide comrnon order dated 30.12.2024 in W.P.No.28529 and t ! 29567 of 2024. Yide the aforesaid judgment, this Court considered Rule 9-A of Rules, 2005 belore and after amendment. Howevcr, it is for the respondent Nos.5 to consider the said aspects.

7. In the light of the aforesaid discussion, this writ petition is disposed of directing the 5'h respondent to consider the explanation dated 08.09.2025 submitted by the petitioner to the second notice dated 30.08.2025 and pass appropriate orders in accordance with law by putting the petitioner and 7'h respondent on notice and allording them an opportunity. 5'h respondent shall consider the aforesaid aspects and also the suit vide O.S.No.1932 of 2022 filed by 7'h respondent. However, he shatt complete the said exercise withir-r a period of ten days tiom the date of receipt ol a copy of this order' 4 '!i' As a sequel thereto, miscellaneous petitions, if any pending in the writ petition siraii stanci ciosed i/TRUE COPY// SD/- AS S INIVASA REDDY T REGISTR E ION OFFICER

1. The Principal Secretary, Prohibition and Excise f) Hyderabad, State of Telangana. eparl.ment, Secretariat, To, 2, The Commissioner of Prohibition and Excise, Governrnent of Telangana, 3. The Deputy Commrssioner of Prohibition Telangana, Hyderabad, Telangana State. 4. The Prohibition and Excise Superintendent, and E:xcise, Government of Malkajgiri, Ir/edchal lValkajgiri district.

5. The District Prohibition district. and Excise officer, lrilalkajr;iri, t,4edchal tr/alkajgiri o The Prohibition and Excise lnspector, Station Allalkaigiri, Vedchal trzlalkajgiri district, [r,4edchal Malkajgiri district. One CC to SRI B.MOHAN, Advocate IOPUCI Two CCs to GP FOR PROHIBITION & EXCISE, Hiqh Cor.rrt for the State of Telangana at Hyderabad [OUT] Two CD Copies 7 8 I BSR GJP HIGH COURT DATED: 23tO9t2O2S ORDER WP.No.28939 of 2O2S THll I l.::, -,,]. 10 sfi 2ftr \.i,,.. '? DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \