High Court · 2025

7. Chava Srinivasa Rao, S/o. Venkata Subbaiah, Aged about 55 years, Occ- Business, No.20-5-9612, Contractors Colony, Paloncha, Bhadradri Kothagudem District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents, more particularly Respondent No.5 in considering the Petitioners application dated t!4-:'8tf=*. .:.JF

22.09.2025 wherein the Petitioner sought for inclusion of ortrr partner, namely Mr' S.SharathbabuS/oSatyanarayana,intheconstitutiono,.,:heForm-2Blicense videID-o4t2006-200Tasillegal,arbitraryandunconstituti,:ralandconsequently direct the Respondents to consider the application d r ed 22 09 '2025 and forthwith release the stocks promptly to the Petitioner licenri te' IA NO: 10F 2025 PetitionunderSectionl5lCPCprayingthatinthe;ircumstancesstated in the affidavrt filed in support of the petition, the High CcL t may be pleased.to directtheRespondents,moreparticularlyRespondentNo'jtoforthwithconsider the Petitioner's application daled 22.09.2025 wherein ther Petitioner sought for inclusionofonepartner,namelyMr.SSharathbabuS/o{iatyanarayana'inthe constitution of the Form-28 license vide lD- 04i2006-2001' and forthwith release the stocks promptly to the Petitioner licensee' Counsel for the Petitioner: SRI K.RAGHAVA RAMANA Counsel for the Respondent No.1 to 6: AGP FOR PROHIE|I flON & EXCISE Counsel for the Respondent No.7: SRI C'HARI PREETH WRIT PETITION NO : 32199 OF 2025 Between: Chava Srinivasa Rao, S/o.Venkata Subbaiah, ^Age(i Eiilii,""ri,' il" -H Kothagudem District rlo.zo-s-rid)','-Conliacto|-i about 55 years' Occ 'coionv Paloncha'' Bhadradri ...PETITIONER AND 1 2 3 4 The State of Telangana, Rep. by its Principal Sel etary' Prohibition and Excise Department S-ecretariat, Hyderabad' TheCommissioner,ProhibitionandExciseDep:rmentGovernmentof Telangana NamPallY, Hyderabad- The Deputy Commissioner, Prohibition and Excise I epartment' Khammam Division, Khammam. The Assistant Commissioner of Prohibition and Excis': Khammam Khammam District.

5.TheSuperintendentofProhibitionandExciselilthagudem,,Bhadradri Kothagudem District.

6. The station House Officer Prohibition and Excist: station, Kothagudem, Bhadradri Kothagudem District. 7 Balasani Nishanth Goud, S/o.Late B.Ganesh Goud Aged about 38 y.ears, Occ erriness R/oH.iiio.S-s-dO, Coolie line, Kothagudem, Bhadradri Kothagudem District- ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to rssue an appropriate writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 to 6 more particularly 5th Respondent in threatening to make changes in the License granted in favour of the 7th respondent at the premises M/s.Ganesh Restaurant and Bar, H.No.5-8-45, Coolie Line, Kothagudem under License No.04/2006-07 , dl.22to7 t2OO6 to induct third party names without considering the objections raised by the petitioner in the Representation dt.14.10.2025 as illegal, arbitrary, u nco n stitutiona I and consequently direct the Respondent Nos.2 to 6 not to entertain any changes including adding of third party names in the business at l\rlls.Ganesh Restaurant and Bar, H.No.5-8-45, Coolie Line, Kothagudem pursuant to the license granted in favour of the 7th respondent under License No.04/2006-07, dt.22.07.2006 by duly considering the objections raised by the petitioner rn the representation dt.'14.'10.2025. lA NO: 1 OF 2025 Petition under section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos.2 to 6 not to entertain any changes including adding of third party names in the business at M/s.Ganesh Restaurant and Bar, H.No.5-8-45, Coolie Line, Kothagudem pursuant to the license granted in favour of the 7th respondent under License No.04/2006-07, dt.22.07.2006 by duly considering the objections raised by the petitioner in the representation dt.14.10.2025, pending disposal of the above writ petition' Counsel for the Petitioner: SRI C.HARI PREETH Counsel for the Respondent No.'t to 6: AGP FOR PROHIBITION & EXCISE Counsel for the Respondent No.7: SRI K.RAGHAVA RAMANA The Court made the foltowing: COMMON ORDER 5q-.if I I I IN THE IIIGH COURT FOR THE STATE OF T]',ANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V,SHIT \VAN KUMAR WRIT PETITION Nos.3836 2 and,32L99,,f2o25 DATE OF ORDER: 18. 12. 2o2s Between: Sri Balasani Nishanth Goud AND ...Petitioner The State of Telar-rgar-ra Rep by its Prir-rcipal Secretarv prohibition and Ert ise Department Secretariat H_vderabad and six others. . .Respondents COMMON ORDER: Heard learned counsel for the petition( I s and learned Assistant G,:vernment Pleader for prohib r :n & Excise Department eLppearing for respondent Nos.1 to ( . Since the lis involved in both the matters is common, tir:1, were heard together and are disposed of with their consent I. the admission stage itself.

2. Writ Pel,ition No.38362 of 2025 has been I ted seeking the following pra)'er: - "to issue an appropiate writ, order or d.irt; .tion, more particularly one in the nature of Wnt of Il randamus, declaing the inqction of the Responrle tts, more particularly f.espondent 1{o.5 in -consir ering the I l i i 2 Petittoners application dated 22.09.2025 u-therein the Petitioner sought for inclusion of one partner, namely Mr. S. Sharathbabu, S/o. Satg anaray ana, in the constttution of the Form-29 license uide ID- 04/2006- 2007 as illegal, arbitranl and unconstitutional an consequentlg direct the Re-sponderuts to consider the appltcation dated 22.09.2O25 and forthwith release the stocks promptlg to the Petitioner licensee."

3. Writ Petition No.32199 of 2025 has been frled seeking the following prayer:- "to issue an appropiate Wit, C)rder or Direction, more particularlg one in the nature of Writ of Mandamus, declaring the action of the Responderi Nos.2 to 6 more porticularly Sth Respondent in threatening to make changes in the License granted in fauour of the 7th respondent at the premises M/ s.Ganesh Restaurant and Bar, H.No.S B-45, CooLie Line, Kothagudem under License No.O4/20O6-07, dt.22.07.20O6 to induct third party names uithout considering the objections raised bg the petitioner in th.e Representation dt. 14.10.2025 as illegal, arbitrary, unconstitutional and consequentlg direct the Respondent Nos.2 to 6 not to entertain ang changes including adding of third partg names in the buslness at M/ s.Ganesh Restourant and Bar, H.No.5- B-45, Coolie Line, Kothagudem pursuant to th.e license granted in fauour of tl.te 7th respondent under License No.O4/20O6-07, dt.22.07.2006 bg dulg considering tLrc objections raised bg the petitioner in the representation dt.14.10.2025."

4. Though various grounds are raised in these writ petitions, learned counsel for the petitioners confine their submissions to the extent of directing the respondent No.S to dispose of the petitioners representations dated 22.09.2025, 14.10.2025 and

17.1O.2025, in a time bound period. J

5. Learned Assistant Government Pleader for ?rohibition and Excise Department appearing for the responder.t s, submits that if the petitioners' representations dated 22.O9.2(25, 14.lO.2O2S and 17 .10.2025 are still per-rding for corr ;ideration, the respondent zruthorities may be directed to 1ri ss appropriate orders

6. Recording the submission made by .r arned counsel appearing on either side and without expressin: an1, opinion on the merits of both the cases, W.P.Nos.38362 anc 32199 of 2O2S are disposed of, directing the respondent No..: to consider the petitioners' (in both the above lr,ri t petitionsl representations daled 22.09.'2025, 14.1O.2O25 arrd 17.1O.2O25 rnd after giving a fair opportunity of hearing to the parties shall I ass appropriate orders strictly in accordance rt.ith lau', as r xpeclitiously as possible, prelerably within a period of four (Ozlp rveeks from the date of receipt of copy of this order and comm-r ticate the same to the petitioners. 7 . Accordingly these writ petitions ar 3 disposed of. Miscellaneous applications, if any pending, sl^ I 1l stand closed. No order as to costs. SD/- I,SRINIVASA REDDY SIi STANT REGISTRAR //TRUE COPY// SECTION OFFICER 1 The Principal Secretary, Prohibition and Hyderabad, State of Telangana. Excise De :g artment, Secretariat,

2. The Commissioner, Prohibition and Excise Departr ent, Government of Telangana Nampally, Hyderabad. To, i 3- The Deputy Commissioner, Prohibition and Excise Department, Khammam Division, Khammam.

4. The Assistant Commissioner of Prohibition and Excise, Khammam Khammam District.

5. The Superintendent of Prohibition and Excise, Kothagudem, Bhadradri Kothagudem District.

6. The Station House Officer, Prohibition and Excise Station, Kothagudem, Bhadradri Kothagudem District.

7. One CC to SRI K.RAGHAVA RAMANA, Advocate [OPUC] B. One CC to SRI C.HARI PREETH, Advocate [OPUCI 9. Two CCs to GP FOR PROHIBITION & EXCISE, High Court for the State of Telangana at Hyderabad [OUT] 1 0. Two CD Copies BSR PSK HIGH COURT DATED: 1811212025 COMMON ORDER WP.Nos.38362 and 32199 of 2025 GC TODAY \ \ , t-( 1HL o(, ' c !l'..[ M .DL t * lisr'; \: . ,l ;:./ DISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT COSTS \ I ( I I !