IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26920 of 2008 Between: Thota Krishna Murthy S/o. Someswara Rao R/o. Circlepeta, Machilipatnam, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Commissioner, Prohibition & Excise Nampally, Hyderabad. 2 Deputy Commissioner of Prohibition & Excise Vijayawada, Krishna District. 3 Prohibition & Excise Superintendent Machilipatnam, Krishna District. 4 B.K.V.V. Restaurant & Bar Rep. by its licencee, M.V. Ranga Rao, S/o. Narayana Rao D.No.11-1155, Chammanagiripeta, Machilipatnam, Krishna 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 an order or orders, direction or directions, writ or writs particularly in the nature of "WRIT OF MANDAMUS" to declare the action of the Respondent Nos. 1 to 3 in permitting the Respondent No.4 to shift his Restaurant & Bar from Door No.11-1155, Chammanagiripeta, 36th Ward Machilipatnam to 11-738-739, Jagannadhapuram, Machilipatnam is illegal, arbitrary and against the provisions of A.P. Excise (Grant of Licence of Selling By Bar and Conditions of Licence) Rules 2005 and consequently direct the Respondents No. 1 to 3 not to permit the Respondent No.4 to shift his Bar to the new place from the existing place. Counsel for the Petitioner: MR.K.L.N.SWAMY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.26920 of 2008 Order: Aggrieved by the action of respondents 1 to 3 in permitting the fourth respondent to shift its Restaurant and Bar from premises bearing Door No.11/1155, Chammanagiripet, 36th Ward, Machilipatanm to premises bearing Door No.11/738, 739 of Jagannadhapuram, Machilipatnam, contrary to the provisions of the A.P. Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005, the present writ petition is filed. On 11.12.2008, this Court ordered Rule nisi and directed the learned Government Pleader for Excise to file counter in the matter. The matter underwent several adjournments and even the Commissioner, Machilipatnam Municipality appeared before this Court in person. Today, when the matter is taken up for consideration, the learned Government Pleader produced a copy of the proceedings in Cr.No.15108/2008/CPE/M-2, dated 28.03.2009, issued by the Commissioner of Prohibition & Excise, A.P., Hyderabad, rejecting shifting of bar in question, the relevant portion of which, reads as under: “However, in the reference 5th cited, the Commissioner of Machilipatnam Municipality, has observed that the proposed shifting of Bar would cause inconvenience to the general public, once the new fish market is opened. The matter has been carefully examined. Since the proposed shifting is likely to cause inconvenience to the general public as observed by the Municipal Authority, the application for shifting of Bar premises from D.No.11/1155, Chemmanagiripet, Machilipatnam to D.No.11/738, 739 of Jagannadhapuram, Machilipatnam is hereby rejected.” In view of the above proceedings issued by the Commissioner of Prohibition & Excise, no further adjudication is necessary in this writ petition. The writ petition is accordingly closed. ___________________ N.V. RAMANA, J. Date: 31.03.2009 VGB