HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.6839 of 2011 Date : 18-11-2011 Between : Chalasani Subba Rao .. Petitioner And The Commissioner, Prohibition & Excise, Government of Andhra Pradesh, Hyderabad and others .. Respondents Counsel for petitioner : Sri Shaik Jeelani Basha Counsel for respondent Nos.1 to 3 : Assistant Government Pleader for Prohibition & Excise Counsel for respondent No.4 : None appeared The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent Nos.1 to 3 in permitting respondent No.4 to run liquor shop at D.No.12-9, Krishna Nagar, Vijayawada, as illegal and arbitrary. The only grievance of the petitioner is that the official respondents have permitted respondent No.4 to run the liquor shop at the premises which is just 10 feet away from Ramalayam and the school run by the Mandal Praja Parishad. Even though notice is served on respondent No.4, no one appeared on its behalf. In the counter-affidavit filed by respondent No.2, it is inter alia stated that the temple which the petitioner represents is an unregistered temple. It is averred that under Rule 27 of A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short “the Rules”) the ‘place of public worship’ is defined as temples registered with the Endowments Department, mosques registered with Wakf Board and Churches and including such other religious institutions as the State Government may by order specify in this behalf. It is further stated that the Assistant Commissioner, Endowments Department, Vijayawada has informed vide his letter L.Dis.No.A1/6922/2010, dated 19-7-2010, that the temple in question is not registered under the A.P. Charitable and Religious Institutions & Endowments Act, 1987 and that therefore the prohibition contained in Rule 27 of the Rules has no application. As regards the elementary school, it is stated that the Station House Officer, Prohibition & Excise Station, Patamata, has measured the distance between the liquor shop in question and the said school and it was found that there is a distance of 130 meters between the two premises. The learned counsel for the petitioner has not disputed either of the above two averments contained in the counter-affidavit. Therefore, I am of the opinion that permitting respondent No.4 to locate the liquor shop at D.No.12-9, Krishna Nagar, Vijayawada, cannot be said to be in violation of any of the statutory provisions governing the shop. For the above mentioned reasons, the Writ Petition is dismissed. As a sequel, WPMP No.8519/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 18-11-2011 AM