IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 22057 of 2007 Between: Yennamani Satyanarayana, S/o. Laxmipathi, R/o. NH-5 Road, /Sivanjaneya Nursery, Kadiyapu Lanka, Kadiyam, East Godavari District. ..... PETITIONER AND 1 The Commissioner, Prohibition and Excise, Nampally, Hyderabad. 2 The Prohibition and Excise Superintedent, Rajahmundry, East Godavari District. 3 The Inspector of Prohibition and Excise, Rajahmundry South, Rajahmundry, East Godavari District. 4 R.V. Restaurant and Bar, Rep. by its Proposed Licencee Sri R.V. Subba Rao, S/o. Gangayya, Aged Major, R/o. Ravulapalem Village, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Nos. 1 to 3 in proposing to grant the licence under the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 in favour of the 4th respondent as illegal, arbitrary and against the existing Rules under A.P. Excise (Grant of Licence of Selling by Bar and conditions of Licence) Rules, 2005, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.4 : MR.T.S.VENKATARAMANA The Court made the following : ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the 1st respondent in proposing to grant license in favour of the 4th respondent under the Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2005 (for short ‘the Rules’). 2. The grant of licenses for Bar and Restaurants is governed by Statutory Rules framed under Section 72 of the Andhra Pradesh Excise Act, 1968 (for short ‘the Act’) and also by G.O.Ms.No.997, dated 24th of May 2005 issued under the Act. As per the procedure contemplated under the Rules, a person intending to establish a Bar, at first instance, has to make an application in Form-1A to the Commissioner, enclosing a Challan to get prior clearance. The Commissioner is competent authority under Rule 5(2) of the Rules for grant of clearance in Form-2A. Subject to grant of such a clearance in Form-2A, the applicant can make an application for grant of license, to the Deputy Commissioner concerned. 3. In the counter affidavit filed on behalf of the respondents, it is stated that though an application was submitted by the 4th respondent, but however, it is pending for consideration before the 1st respondent-Commissioner, who has not passed any orders so far. 4. As much as the competent authority has not considered the issue at all even for grant of prior clearance as contemplated under Rule 5 (2) of the Rules, the petitioner cannot seek directions by way of Mandamus in anticipation of grant of such clearance. If any valid objections are there, it is open for the petitioner to put-forth his objections before the competent authority, but at this stage, even before grant of clearance, the petitioner cannot seek any directions by way of Mandamus. 5. Therefore, keeping it open to the petitioner to put-forth his objections before the competent authority, the writ petition is dismissed. If any objections are filed by the petitioner, it is open for the competent authority to consider such objections independently. No order as to costs. ______________________ R. SUBHASH REDDY, J 28th February 2008 ajr To 1 The Commissioner, Prohibition and Excise, Nampally, Hyderabad. 2 The Prohibition and Excise Superintedent, Rajahmundry, East Godavari District. 3 The Inspector of Prohibition and Excise, Rajahmundry South, Rajahmundry, East Godavari District. 4 R.V. Restaurant and Bar, Rep. by its Proposed Licencee Sri R.V. Subba Rao, S/o. Gangayya, Aged Major, R/o. Ravulapalem Village, East Godavari District.