Gandla Bhasker v. The State of Telangana

Petition under Article 226 ol the Constitution of lndia 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 particularly one in the nature of writ of lVlandamus or any other appropriate writ order or direction declaring the action of the Respondents No 1 to 4 in granting license of a liquor/wine shop for sale alcoholic beverages along vith permit room to respondent No.B in residential areallocality as arbitrary il ( Jal contrary to Article 21 of Constitution of lndia And order dated 07.0 1.2022 ,r rssed by this Hon'ble High Court in W.P PIL No 64 of 2017 and The Same Order upheld inWp 1123 ot 2022 daled 19.01 2023, pending disposal of the writ petitir,r . lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the: :ircumstances stated in the affidavit filed in support of the petition, the High Cc,r rt may be pleased to stay the establishing and selling, and consumption of lluor in permit room pertaining to Respondent No B liquor/wine shop permitted ,y Respondents No 1 to 4 by granting a license in residential areallocality as ti.r same is against the order dated 07.01 .2022 passed by this Hon'ble High Cour in Wp pll No 64 of 2017 and The Same Order upheld in WP 7123 of 2OZt_ dated 19.01.2023, pending disposal of the writ petition. Counsel for the Petitioner: SRI BATHINI NARESH Counsel for the Respondent No.1 to 4: GP FOR PROHIBITI )N & EXCISE Counsel for the Respondent No.5 to 7: GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N,V. SHRAVAN KUMAR ORDER W.P. No.35529 of 2o25 Questioning the action of the respondents No.2 to 4 in granting Iicense of a liquor/wine shop for sale alcoholic beverages along with permit room to respondent No.8 in residential area/locality as arbitrary illegal, contrary to Article 2l of the Constitution of India and against the order dated O7.OI.2022 passed by this Court in W.p. pll. No.64 of 2Ol7 and the same order upheld in W.p. No.7123 of 2022 dated 19.01.2023, petitioner filed the present writ petition.

2. The learned counsel for the petitioner would submit that Sree Venkateshwara Wine Shop operated from 2021 in the premises of Balaj i Nagar, Ramayampet where ncarly 250 to 3O0 families are residing. The distance from the wine shop to Balaji Nagar Colony entrance is less than 50 meters and the distance from Lhe permit room [o the petitioner's house is approximately 10 to 15 meters. Because of said wine shop, the residents of the Colony are facing severe problems ol public nuisance. Inspite of several representations to the ofhcial respondents no action has been initiated thereon. Hence, the petitioner hled the present writ petition.

3. On the other hand, lhe learned Assistant Government pleader for Excise appearing for the ofhcial respondents has placed a copy of the written instruc[ions of District Prohibition and Excise Ofl-rcer, Medak District, .wherein it is statecl that the A4 shop policy for the 2 year 2025-27 for three A4 shops are notified in t re Ramayampet Municipality limits and the office of the ofhcial res I rndcnts has not received any proposal regarding the establishment o[ A.4 shop in Ramayampet Municipality or town by the concer I :d SHO so far. However, the complaint petition, which was filed by he ltetitioner on

14.1O.2O25 was forwarded to the Station Housc Ofhc :r, ilamayampet for enquiry and submission of detailed report along ,, ith the proposal of New A4 shop and the authority may issue the 1 4 shop license, after the receipt of proposal regarding A4 shop I I the thorough verification of the proposed premises of A4 shop by tf: Station House Officer, Ramayampet. It is further submittecl t rat the official respondent authority will issue license as pe: the Rule 25 (i.e. Selection of Premises) of Telangana Excise (Grrr rt of Licence of Selling by Shop and Conditions of Licence) Rules, 20 t l. which defines as subject to the approval of the Prohibiri,; r zrnd Excise Superintendent the selected applicant shall select sr itable premises for sale IMFL and FL within the Municipal Corporatio r, Municipality, village/Twon/ City or area/locality as the case may t: as notified in the district Gazette and it shall be at least 100 mete.-r awrgr from the places of public worship, educational institutions, hospitals and 50 meters away from highways etc. Eventually, the le rrncd Assistant Government Pleader submitted that the ofhcial r r spondents will consider the objections of the petitioner and initiate ap rropriate action in accordalce w,ith the Rule 25 of the (Grant of Lice-r :e of Selting by Shop and Conditions of Licence) Ruies, 2012. 3

4. In that view of the matter, recording the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of directing the official respondents to follow due procedure as contemplated under the provisions of the Rule 25 of the Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 20I2 duiy taking into consideration the objections of the petitioner while granting A,4 shop license in Ramayampet Municipality.

5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.C. DEEPIKA SSISTANT REGIST I CTION OFFICER Excise Department, Secret riat Hyderabad, State of To,

1. The Secretary, Telangana.

2. The Commissioner, Prohibition and Excise Department, Telangana State

3. i6e Deputy Commissioner, Prohibition And Excise Medak 4.r The Districi Prohibition and Excise Officer, District Prohibition and Excise, of Hyderabad Medak.

5. The Principal Secretary to Home, Hyderabad, State of Telangana. 6. The Superindent of Police, Medak, Medak District. 7. The S.H.O:, P.S RamayamPet. B. One CC to SRI BATHINI NARESH Advocate [OPUC] 9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] '10.Two CCs to GP FOR PROHIBITION & EXCISE, High Court for the State of Telangana at Hyderabad [OUT]

11.Two CD Copies BSR BS HIGH COURT DATED:2511112025 ORDER WP.No.35529 of 2025 rlF'. , ,,)-.-\ , -'-. rEr rut t.. \ 'v ll ;;i /- J '\l: DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t v\ 10