THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15387 of 2010 Date: 05.7.2010 Between: M/s.Kanaka Durga Restaurant & Bar Represented by its Proprietor A.Vishnuvardhan Reddy, Vikarabad, Ranga Reddy District. ………...Petitioner And The Commissioner, Prohibition and Excise, Hyderabad. …… Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15387 of 2010 ORDER: This writ petition has been filed by M/s.Kanaka Durga Restaurant & Bar represented by its proprietor A.Vishnuvardhan Reddy seeking mandamus declaring the action of the Prohibition & Excise Superintendent, Ranga Reddy District in not considering the renewal of bar licence as illegal and arbitrary, contrary to the provisions of A.P.Excise (Grant of Licence of selling by Bar and Conditions of Licence) Rules, 2005. The petitioner is a licensee to run the bar and restaurant having obtained licence under Rule 2-B of the Bar and Restaurant Rules issued by the Government from time to time. The petitioner has been running the bar and restaurant in the leased premises. He applied for renewal of licnece. One of the co-owners of the premises submitted representation to the 3rd respondent raising an objection with regard to the renewal of bar licence to the petitioner. Therefore, the 3rd respondent despite fulfilling the necessary conditions by the petitioner for renewal of licence is not taking action on the application seeking renewal of the licence. Hence this writ petition. When the writ petition came up for admission, the learned Assistant Government Pleader for Prohibition & Excise takes notice on behalf of the respondents. Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioner submits that the petitioner is a lessee of the premises, wherein a bar and restaurant is being conducted after obtaining necessary licence and since the licence period has been expired, a renewal application has been made. A further submission has been made that the lease in favour of the petitioner is subsisting and in which case, the 3rd respondent cannot withhold the application filed by the petitioner for renewal of licence on the ground of the objection being raised by one of the co-owners. A further submission has been made that one of the co-owners approached this Court seeking direction to the respondents to cancel the licence issued in faovur of the petitioner and the said writ petition being W.P.No.13615 of 2010 ended in dismissal on 16.6.2010 with an observation that the co-owner has to settle the civil disputes by approaching the Civil Court. Learned Assistant Government Pleader submits that since one of the co-owners of the premises raised an objection with regard to the renewal of the licence of the petitioner, the petitioner has score out the disputes between the other co-owners, and, thereafter, can approach the authorities for grant of renewal of licence. In support of her submissions, reliance has been placed on the decision of this Court in Mandakini Restaurant and Bar, Gandhi Nagar, Vijayawada, Krishna District vs. Deputy Commissioner of Prohibition & Excise, Vijayawada, Krishna District[1]. In the cited case, the lease deed was not produced before the authorities. Coming to the facts of the case on hand, the petitioner produced the lease deed in his favour and the lease is subsisting. Therefore, the cited decision has no application on the facts of the case on hand. In that view of the matter, the writ petition is disposed of directing the respondents to consider the application filed by the petitioner for renewal of the bar licence, despite the objection raised by one of the co-owners, and pass appropriate orders in accordance with the Rules in operation within a period of four weeks from the date receipt of a copy of this order. No costs. ______________________________________ JUSTICE B. SESHASAYANA REDDY Date:05.7.2010 Note: Furnish CC within one week. B/O mrb [1] 2008-ALT-4-359