High Court · 2025

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction more particurarry one in the nature of writ of mandamus decraring the action of the Respondents No.2 to 4 in not considering the renewar of the 28 Licence bearing No.646 in the name of petitioner No.2 to run the [v/s. peacock Restaurant and E i r for lhe year 2024- 2025 by considering the joint apprication dated ct -05-2023 and the representation dated 21-o5-2024 as bad, arbitrary, illegal rnconstitutional and consequently direct the respondents No.'1 to 4 to grant rr,r ewal of 28 Licence bearing No.646 in the name of the petitioner No.2 for the ye ar 2024-2025 lo run the petitioner No.1 tr,4/s. Peacock Restaurant and Bar forth,,. ith in the interest or justice. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the r .cumstances stated in the affidavit filed in support of the petition, the High cour may be pleased to direct the Respondents No.1 to 5 to permit the petitione .s to carry on the business in the name and styre of l\,4/s. peacock Restaurart and Bar as per the 28 Licence bearing No.646 for the year 2024-2025 penrr rg disposar of the above writ petition. lA NO: 2 OF 2024 Between: B Mallesh Goud, S/o. B._.\l.alqyana Goud, aged atrr ut 44 years, Occ Business, Rl/o. H.No.B-3-82SlSt4t3i1, VeilareOOygJda, Ari )erpet, UyderaOiO- ...PETITIONER AND 1 2 M/s. Peacock Restaurant and Bar, (28 Licence No.64j. H.No.2-10712 Nr, Plot No.12, venkarram Nagar, surarim, eutbuilapui ivl rr,r"o.nrr rr,l-" rt-rislri dlstrict Rep. by its lVanagin[ partner KunaSjrprih XJ,",-. Kuna Sampath Kumar, S/o.^K. pralhu Kumar Goud, A;:d about 33 years, Occ. Doctor, R/o H No.32-281t1, ptot No lf a,-Shiiur-,tagar, L e fi"gri, Jeedimetla. [ved cha l-t\/a lkajg iri d istrict. 3. The State of Telangana, l"p Oy ils principal Secretary. i :venue (prohibition 4 ]he commissioner, prohibition and Excise Departnre rr t, Government of S f..h9 pepyly Commrssioner, prohibition and Excise Depar r rent Ranga Reddy and Excise) Department. Secret'ariat, Hyddrabad. Telangana, Nampally. Hyderabad division, Nampally, Hyderabad.

6. The District Prohibition and. Excise.officer, Arledchal-MaI r jgiri District, office at Plot No.94, Sar Krishna Nagar, Jeedimefla, eutbullapL,'[,li"Orf , VibOif,Ji: tVla lkajgiri District.

7. The Prohibition and Excise Inspector, eutbullapur, tvedch r -lvarkajgiri District. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 04-10-2024 passed in W.p. No. 2781012024 pending disposal of main writ petition. ...RESPONDENTS Counsel for the Petitioner: SRI C.RUTHWIK REDDY Counsel for the Respondent No.1 to 5: AGP FOR PROHIBITION & EXCISE Counsel for the Respondent No.6: SRI M.DAMODAR REDDY WRIT PETITION NO: 32481OF 2 025 Between: B.Mallesh Goud, S/o B.Narayan Goud, Aged about 45 years, Occ. Manaqinq Partner of ltrl/s Peacock Resthurant and Bar, (2B Licenc'e No. 646), R/o H]No" 8-3-8251 51 413/ 1, Yellareddyguda, Ameerpet, Hyderabad. ...PETITIONER The State of_Telangana, Bep Oy its Principal Secretary, Revenue (prohibition and Excise) Department, Secretariat, Hyderabad, Telangana. The Commissioner, Prohibition and Excise Department, Government of Telangana, Nampally, Hyderabad. Ilrg D"pVIV Commissioner, Prohibition and Excise Department, Ranga Reddy Division, Nampally, Hyderabad. The District Prohibition and Excise Officer, Medchal-Malkalgiri District. Office at Plot No.94, Sai Krishna Nagar, Jeedimetla, Qutbullapur-Mandal, lVedchal- I\/alkajgiri District. The Prohibition and Excise lnspector, Qutbullapur, I\,4edchal-l\,4alkajg iri District. M/s Peacock Restauranl and Bar, (28 Licence No. 646), H.No. 2-10712 Nr, lloJ trtg J Z, Venkatram Nagar, Suraram, Qutbullapur (M), Medchat-Malkajgiri District, Rep by its Managing Partner Kuna Sampath Kumar. ...RESPONDENTS AND 1 2 3 4 5 6 Petition under Article 226 of lhe Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of a writ of mandamus declaring the action of the 3rd respondent, in not considering the petitioners explanation dated 06/09/2025 submitted in response to the show- cause notice dated 2510812025 (File No. A1l195/2025) as arbitrary, iilegal, and violative of the principles of naturar justice and conse r renay direct the 3rd respondent to consider the explanation of petitioner and n ) to renew the licence of M/s. Peacock Restaurant and Bar (Licence No. 646) : td not to supply the wine material to the said_bar unless proper renewal is be i g made by both the partners. lA NO: 1 oF 2025 Petition under Section 151 CPC praying that in the ( ircumstances staled in the affidavit filed in support of the petition, the High Cour ;ppy be pleased to direct the Respondents No. 3 to consider the expranation ( r the petitioner dated 0810912025 and not to renew the rrcence of M/s. peacock restaurant and Bar (Licence No 646) and not to suppry the wine materiar to he said bar unress proper renewal is being made by both the partners, pen J ng disposal of wrrt petition. Counsel for the petitioner: SRI D.L.pANDU Counsel for the Respondent No.1 to 5: Gp FOR pROHlBlTt() I & EXCISE Counsel for the Respondent No.6: SRI K.RAVINDER REDDy The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION Nos.2781O of2 O24 and 324A1 of 2025 COMMON ORDER: Writ Petition No.27810 of 2024 is filed seeking lollou'ing prayer: "...declaing the action of respondent Nos.2 to 4 in not consideing the renewal of the 28 License beaing No.646 in the name of petitioner No.2 to ntn the M/ s.Peacock Restaurant and Bar for the year 2024-25 by consideing the joint application dated 08.05.2023 and the representation dated 21 05.2024 as bad, arbitrarg, illegal, unconstitutional and consequentlg direct respondent Nos l to 4 to qrant reneual of 28 License beaing No.646 in the name of petitioner No.2 for the gear 2024-25 to run the petitioner No.1 M/ s.Peacock Restaurant an.d Bar forthwith..." Writ Petition No.3248 1 of 2025 is filed seeking following prayer: - "...declaing the action of respondent No.3 in not consideing the petitioner's explanation dated 06.09.2025 submitted in response to the shou cause notice dated 25.08.2025 (File No.A1/195/2O25) as arbitrary, illegat and uiolatiue of pinciples of natural justice and consequentlg direct respondent No.3 to consider the explanation of the petitioner and not to renew the license of M/ s.Peacock Restaurant anci Bar ) (License No.646) and not to supply the u.t,r e ntateriaL to the said bar unLess proper renewal is !. ,-ing made by both the partners..." -

2. Hear-d learned counsel for the petitiot, rs and learned Assistant Government Pleacler for Prohibitic n and Excise appearing for respondent Nos.l to 5. With their : )nsent this writ petition is taken up for disposal at the admis s on stage itself. Notice to respondent No.6 in W.P.No.27B1O ctl' ).O24 is hereby dispensed rvit h.

3. The facts of the cases in briel are that 1r t itioner No.2 in W.P.No.278 lO of 2024 ar-rd pctitioner in W.P.N; 32,181 of 2025 being the partners constituted M/s.Peacock rest luritnt and Bar situated at FI.No.2-107 l2 Nr, plot No.12, Yet t .iltaram Nagar, Suraram, Qut[-rbullapur Manclal, Medchal - M, which is holding a 2B Bar l.icense bearinr: l<ajgiri District No.646 dated O5.O9.2012 fr-om the Prohibition and Excise I upe rintendent, Meclchal - Malka.lgiri District. They have _. -r tere d into a partnership dced datcd 10.1O.20 19 according to r 'lrich petitior.r er No.2 in W.P.No.2781Ol2024 i.e., Kuna Sam; rth l(umar is entitled for 65"1' share of the profits an( petitioner in W.P.No.3248ll2025 i.e., B.Mallesh Goud (also rr spondent No.6 in W.P.No.2781Ol2024) is entitied to 35,2, of sha. of the profits. As such they have carried on the business jointly as Managing Partners of M/s.Peacock Restaurant and Bar. It is submitted that B. Ma-llesh Goud voluntarily expressed his desire to retire from partnership by taking a total sum of Rs.65,00,O00/- tou'ards full and final settlement and they have entered into a deed of dissolution of partnership dated l) .O4.2023 and as per mutual understanding they have submitted a joint representation dated

08.05.2023 to respondent No.4 requesting to exclude the name of Mr.B.Mallesh Goud from the said 28 Bar License of M/s.Peacock Restaurant and Bar and to continue the name of Kuna Sampath Kumar as proprietor and that said joint representation dated

08.O5.2023 is still pending for consideration before respondent No.4. Subsequently, on 21.05.2024 Mr'Kuna Sampath Kumar (petitioner in W.P.No.27B 10 of 20241 addressed a letter to the District Prohibition and Excise Officer, Medchal District to pass orders on the joint representation dated 08.05.2O23 and that petitioner No.2 has also paid license fees on 14.09.2024. Since, no orders are forthcoming, Mr.Kuna Sampath Kumar has made representation dated 2l .O5.2024 to District Prohibition and Excise Officer, Medchal Malkajgiri District. Since no action is forthcoming, Mr.Kuna Sampath Kumar filed W.P.No.27B1O of

2024. .i

4. In W.P.No.27B1O ol 2024, this Courr granted interim order on 04.1O.2024 directing respondent Nos. to 5 to permit the petitioner to carry on the business. lt is pr:r't i renL to note that Mr-B.Mallesh Goud retired lrom oartnership ll taking a total sum of Rs.65,00,000/ - tou'ards full and firra I settlement and subsequently, Mr.Kuna Sampath Kumar is r arn,ing on the business as per orders of this Court dat rd 04.1O.2024 Subsequently, a shour cause notice dated 25.0:2025 has been issued to both Mr.B.Mallesh Goud and Mr.l(urra lamltath Kumar to submit relcvant ccrtificates lor renewal r f the License Thereafter, Mr.B.Mailcsh Goud, submitted r',.1 lar-ration dated

06.O9.2025 requcsting rcspondent autl'rorities rr rt to rcncr.r, the license in the absence of mutual conse r'1 Despite the explanation being submitted respondent No.3 i. proceeding to suspend or take coercive action u,ithout properl,r :onsidering the explanation. Questioning the same, W.P.No.324[ ] ol 2025 has been filed

5. Learned Assistant Government Pleader for Prohibition and Excise rvould submit that there are cli; rutcs between Mr.Kuna Sampath Kumar and Mr.B.Mallesh I oucl and that respondent authorities do not have any authoriti l-o interfere in 5 the personal matters and prayed this Court to pass approprlate orders to that effect

6. Heard learned counsel on either side and perused the record

7. It appears that there is an internal dispute between ] ) Mr.Kuna Sampath Kumar (Petitioner No.2 W.P.No.278 1Ol2O24l and Mr.B.Mallesh Goud (Petitioner 1n 1n W.P.No.324B I l2O25l and that subsequent to the entering into dissolution of partnership agreement dated I I .O4 .2023 , Mr.B.Mallesh Goud addressed a letter to Deputy Commissioner of Prohibition and Excise not to rene\.t/ the Bar license. B. In that view of the matter, W.P.No.2781Ol2024 is disposed of r,r,ith a direction to respondent authorities to consider the representation dated 21.O5.2O25 submitted that petitioner No.2 therein and pass appropriate orders rvithin a period of three (3) weeks from the date of receipt of a copy of this order. Till the said representation is disposed, respondent No.2 shall supply material to the petitioner for running its business as per Rule 9A(3) read r.r.ith.9A(2) of Telangana Excise (Grant of License of selling bar and conditions of license) Rules, 2005. As far as 6 W.P.No.324B I /2025 is concerned, petitior r ,r may avail appropriate remedy in case the dispute still pers r ts. -

9. With the above directions. these petl tlon s are disposed of. I\4iscellaneous applications, if an.. pending, shall stand closed. No order as to costs //TRUE COPY// To, 1 The Principal Secretary, Revenue (Prohibition Secretariat, Hyderabad, State of Telangana- /, P. PONNA KRISHNA ;TANT REGISTRAR 'l SD ASS \, S-E TION OFFICER ancl Excise) DePartment,

2.TheCommissioner,ProhibitionandExciseDeparlrent,Governmentof Telangana, NamPallY, HYderabad

3.TheDeputyCommissioner,ProhibitionandExciseDelrrtment,RangaReddy division, Nampally, HYderabad.

4. The District Prohibition and Excise officer, Medchal-lt,L lkajgiri District, office Frot No.S4, Sai Krishna Nagar, Jeedimetla, Qutbull; rur Mandal' tr'4edchal- "i Ir/alkajgiri District.

5. The Prohibition and Excise lnspector, Qutbullapur, [\v4erk hal-l\,4alkajgiri District. 6. One CC to SRI C.RUTHWIK REDDY' Advocate [OPU() 7. One CC to SRI D.L.PANDU, Advocate [OPUC] 8. One CC to SRI IV.DAIUODAR REDDY, Advocate [OPL( ] 9. One CC to SRI K.RAVINDER REDDY, Advocate [OPU( ] 10.Two CCs to GP FOR PROHIBITION & EXCISE, Hiqir 3ourt for the state of Telangana at Hyderabad [OUT] 1 1 . Two CD Copies BSR GJP HIGH COURT DATED: 0611112025 COMMON ORDER WP.Nos.27810 of 2024 and 32481 ol 20',Zg-.,.-,,.--- 1 ti i.i ru5 .,: \ , DISPOSING OF BOTH THE WRIT PETITI )NS, WITHOUT COSTS