The High Court · 2025
Case Details
Acts & Sections
2. Sai. Hanuman Devastanam, (Sri AnjaneyaSwamy Temple), Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008. Rep. by its Chairman Sri. N. Ramesh Yadav, S/o. N. AgamaiahYadav, Aged 46 years, Occ.Business, R/o. H.No.8- 1-2931D-2, Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008. ...PETITIONERS AND 1 . The State of Telangana, Rep. by its Principal Secretary, Prohibition and 2. The Commissioner of Prohibition and Excise, Government of Telangana, Akbari Bhavan, M.J. Road, Old Kattal Mandi Nampally, Hyderabad. Excise Department Secretariat Buildings Hyderabad. 3- The Commissioner of Endowments, Boggulkunta, Tilak Road, Hyderguda
4. The Assistant Commissioner of Endowments Endowments Department, Hyderabad 500001 Secunderabad.
5. The Excise Superintendent, Prohibition and Excise, Nampally, Hyderabad 6. The Prohibition and Excise lnspector, Station House Officer Excise Depa(ment' Golconda' Hyderabad' ...RES'.NDENTS 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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not taking any action on the representations of the petitioners dated 23.10.2025 and 24.1O.2025 for taking necessary action against the Wine Shop being run in premises bearing No. 8-1- 27318,1412, Dwaraka Nagar Colony, Shaikpet, Hyderabad, pursuant to the orders passed in W.P.No. 2160812023, dated 06.10.2023 as highly illegal' arbitrary and in violation of principles of natural justice, consequently direc the respondents to forthwith take action on the representation of the petitioners 1 *ed 23.1O.2025. / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Court miil be pleased to direct the respondents to forthwith take action on the representat cn of the petitioners dated 23.10.2025 and 24.10.2025, pending disposal of the vr r t petition. 'lA NO: 2OF 2025 Petition under Section 151 CPC praying that in the cir ;umstances stated in the affidavit f iled in support of the petition, the High Cou r may be pleased to appoint Advocate Commissioner to visit the premises bearir g No.8-1-27318.1412, Dwaraka Nagar Colony, Shaikpet, Hyderabad for taking me:r urements in order to confirm whether the said premises is beyond 100 meters , r within '1 00 meters from the 1st Respondent Residential Colony and 2nd Res londent Temple, by issuing notices to all the concerned, including the petitioners pending disposal of the writ petition. Counsel for the Petitioners: SRI SRIKANTH SUTARI Counsel for the Respondent Nos.1,2,5 & 6: AGP FOR PROI- IBITION & EXCISE Counsel for the Respondent Nos.3 & 4: AGP FOR ENDOWII ENT The Court made the following: ORDER THE HONOURABLE SRI JUSTTCE N.V.SHRAVAN KUMAR WRIT PETITION No.35177 of 2o25 ORDER: This writ petition is hled seeking the following prayer: " . . . declaring ttre action of tLe resporudents in not taking ang action on th.e representations of tle petitioners dated 23.10.2O25 and 24.1O.2025 for taking necessary action against th.e Wtne Shop being run in premises bearing No.B-1-273/ B/ a/ 2, Dwaraka Nagar Colong, Shaikpet, Hgderabad (subject premises) pursuant to th.e orders passed in W.P-No.21608/2023 dated 06.10.2023 as higHg illegal, arbitrary and in uiolation of pinciples of natural justice consequentlg direct the respondents to forthtuith take action on the representation of th,e petitioners dated 2 3. 1 0. 2 02 5... "
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Prohibition and Excise appearing on behalf of respondent Nos.1, 2, 5 and 6; learned Assistant Government Pleader for Endowments appearing on behalf of respondent Nos.3 and 4. With their consent, this writ petition is taken up for disposal
3. The facts of the case in brief as stated are that petitioner No. I is the Welfare Association of Dwaraka Nagar Colony, Shaikpet, Hyderabad formed for looking a-fter welfare activities and development of colony. Petitioner No.2 is Temple (Hanuman Devasthanam) situated al Dwaraka Nagar Colony. The L petitioners came to know that a Wine/LiqlLo. Shop is being allotted in the subject premises which is within [00 meters from the Hanuman Devasthanam (i.e., petitioner Nr .2 herein) . It is submitted that earlier in the year 2019, when tL wine shop in the subject premises, the 1r representations to Assistant Commissioner of lI ere was existing :titioners made rdowments and sought orders for cancellation of license rights rf the said wine shop. It is submitte d that again respondent autlr rrities are in the process of setting up u,ine/liquor shop in the s;r In that regard, petitioners made rcpresentatiorr Lbject premises. ; to respondent authorities on 23.10.2025 and 24.10.2O25 se,r king necessary action against the establishment of the wine action is forthcoming on the said representati I ;hop. Since no rs, the present writ petition is filed.
4. Though various grounds are raised in 1l e vvrit petition, learned counsel for the petitioners restricts his ::ayer seeking a direction to respondent authorities to dispose o: the petitioner,s representation dated 23.10.2025 and 24.lo.i( 25 in a time bound period.
5. Learned Assistant Government pleader for prohibition and Excise appearing on behalf of respondent Nt ;.1, 2, 4 and S t a I 'I 3 submits that if the said representations are still pending for consideration, the respondent authorities may be directed to dispose of the petitioner,s representation, dated 23. lO.2O2S and 24.1O.2025 and pass appropriate orders in accordarrce with law.
6. In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the pctitioner,s representation, d,ated, 23.1O.2025 and 24.7O.20'25 and pass appropriate orders strictly in accordance to laq,, as expeditiously as possible, preferably within a period of ru,o (02) u,eeks from the date of receipt of a copy of this order by giving a fair opportunity of hearing to the petitioners and the concerned party.
7. Accordingly this u,rit petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. Hon'ever, there shall be no order as to costs. To //TRUE COPY/I Sd/. A.H.S. GOWRI SHANKAR ASSISTANT-REGISTRAR /a- SEcYToN oFFICER
5. The Principal Secretary, Prohibition and Excise Department Secretariat Buildings Hyderabad, State of Telangana. The Commissioner of Prohibition and Excise, Government of Telangana, Akbari Bhavan, M.J. Road, Old Kattal Mandi Nampally, Hyderabad. The Commissioner of Endowments, Boggulkunta, Tilak Road, Hyderguda Hyderabad 500001 The Assistant Commissioner of Endowments Endowments Department, Secunderabad. The Excise Superintendent, Prohibition and Excise, Nampally Hyderabad ,at /t' Department, Golconda, Hyderabad.
6. The Prohibition and Excise lnspector, Station l-l ,use Officer Excise 7. One CC to SRI SRIKANTH SUTARI, Advocate [OPUC] 8. Two CCs to GP for Prohibition & Excise, High Court for I re State of Telangana, at Hyderabad. [OUTI
9. Two CCs to GP for Endowment, Hrgh Court for the rl ate of Telangana, at Hyderabad. [OUTI
10.Two CD Copies PSK. MP 9* HIGH COURT DATED:1911112025 \ \ ORDER / I I (,t{tS ) i g JAil 20?6 i' * WP.No.35177 of 2025 .( .' 4 rr.,-l DISPOSING OF THE WRIT PETITION WITHOUT COSTS I l : 1 i I i i I i i I I t I 6$ 9F \t' ,dt l,B