IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12109 of 2008 Between: 1 Nekkanti Adinarayana, S/o. Narsimha Murthy, R/o. 5-4-16 & 5-14-17, Steemer Road, Narsapuram, West Godavari District. 2 Smt. Nekkanti Sitharatnam, W/o.Markandeyulu, R/o. 5-4-16 & 5-14-17, Steemer Road, Narsapuram, West Godavari District. ..... PETITIONER(S) AND 1 The Commissioner, A.P. State Excise Department, Opp: Gandhi Bhavan, Hyderabad. 2 The Deputy Commissioner, A.P. State Excise Department, Kakinada, East Godavari District. 3 The Superintendent, A.P. State Excise Department, Ashok Nagar, Eluru, West Godavari District. 4 The Circle Inspector, A.P. State Excise Department, Skivalayam Street, Narsapur, West Godavari District. 5 The Assistant Superintendent, Excise Department, Near Sub-Jail, Narsapur, West Godavari District. 6 M/s. Sri Sudha Restaurent & Bar, Narsapuram, Rep. by the Lincecee Namely Sri Ayyagari Srinivas, S/o. Yugundhar Sarma, Aged 44 Years, Narsapuram, West Godavari District. .....RESPONDENT(S) 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 to issue an order or direction more partiuclarly one in the nture of Writ of Mandamus declaring the action of the Excise officials in going a head to grant/renew the license to the 6th respondentfor the excise year 2008-09 in the petitioners premises bearing D.No. 5-4-15/1 & 2, Narsapuram, for the Excise Year 2008-2009 in spite of the objections from the Petitioners as illegal, arbitrary and as such liable to be set aside in the interest of justice, as high handed and arbitrary action, without jurisdiction, and as such liable to be set aside in the interest of justice and pass Counsel for the Petitioner:MR.S.M.SUBHAN Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12109 of 2008 ORAL ORDER: The writ petition was filed on 11-06-2008 with an apprehension that the official respondents would grant a Form 2-B license to the 6th respondent to run a Bar and Restaurant in what is claimed in the petitioner’s premises and without a valid subsisting lease and ignoring the objections lodged by the petitioners on 08-03-2008 and 10-04-2008 to the respondent Nos. 1 to 5. The relief sought herein is in the nature of a preemptive relief. If the petitioner has lodged objections and as the respondents are legally required to consider such objections, the respondents would consider the same. If the competent authority grants a license to the 6th respondent in contravention of any law, the petitioners have a cause of action and till then they have not. There are no merits. The writ petition is dismissed as premature. As and when the petitioners have a cause of action, they are at liberty to seek appropriate remedies. The writ petition is accordingly dismissed. There shall be no order as to costs. GODA RAGHURAM, J Dated: 01-07-2008 Pvks/*