IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15099 of 2007 Between: M/s. Bhavani Restaurant and Bar at H. No. 2-4-32, Aam Bazar, yellandu (V&M) Khammam District rep by its Proprietor, Mr. V.Venu S/o narasaiah ..... PETITIONER AND 1 The Commissioner, Prohibition and Excise, A.P., Nampally, Hyderabad. 2 The Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal,. 3 The Superintendent of Prohibition and Excise, Khammam 4 The Assistant Commissioner, Endowments Department, Khammam. .....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 of mandamus, declaring the order issued by 3rd respondent in proceedings No. Cr. No. 627/2006/P&Ex/A6, dated 5-7-2007 and order of the 2nd respondent issued in Proc. Cr. No. 957/06/PE/B3, dt 9-7- 2007 are illegal, arbitrary and violative of principles of natural justice and consequently set a side the said orders and direct the respondent No.3 to renew the licence of the petitioner's Bar and Restaurant for the year 2007-08 and pass such other or further orders as this Hon'ble Court deems ﬁt and proper inthe circumstances of the case. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15099 of 2007 And W.P.M.P.No.24920 of 2008 O R D E R: Heard the learned counsel for both the parties. The main writ petition is ﬁled seeking a declaration that the order passed by the 3rd respondent- Superintendent of Prohibition and Excise, Khammam dated 05-07-2007 under which the petitioner’s application for renewal of its Form-2B licence for the year 2007-2008 was rejected on the ground that the premises is situated within the prohibited distance under Rule 6(ii) of the A.P. Excise Grant of Licence Selling by Bar Licence Rules, 2005 (for short ‘the Rules’). Though Rule nisi was ordered by this court in the writ petition on 16-07-2007, the request of the petitioner for suspension of the impugned order was rejected. However, the petitioner has now come up with a fresh application being W.P.M.P.No.24920 of 2008 stating that during the pendency of this writ petition, the petitioner made an application dated 25-08-2008 seeking permission for shifting of its bar and restaurant from house No.2-4-32 Aam Bazar Yellandu to a new premises namely house No.4-1-101, 102 and 103 Main Road, Jagadamba Center, Yellandu, Khammam District. The petitioner, accordingly, sought a direction to the respondents to consider its representation dated 25-08- 2008 for renewal of its licence by permitting it to shift the business premises. In view of the subsequent events as noticed above, without going into the merits of the case the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 25-08-2008 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. The main writ petition as well as W.P.M.P.No.24920 of 2008 are accordingly disposed of. No costs. ______________ G. ROHINI,J Date: 04-09-2008 KLP