THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19864 of 2008 ORAL ORDER: The petitioner herein claims to be a resident of Dhariyabagh, Jiyaguda, Hyderabad. This writ petition is ﬁled seeking a declaration that the establishment of 4th respondent- Wine Shop in a residential area within 30 to 35 feet from a temple is arbitrary and illegal. It is also stated by the petitioner that he made a representation dated 1.09.2008 bringing to the notice of the respondents 1 to 3 that the shop in question is situated within the prohibited area. The learned Government Pleader for Prohibition and Excise under instructions stated that the 4th respondent-Sri Balaji Wine Shop was initially granted licence on 30.07.3008 to establish a shop in the premises bearing D.No.13-3-735/2 of Jiyaguda. However, subsequently, on a request made by the licensee, the Commissioner of Prohibition and Excise by order dated 26.08.2008 permitted shifting of licensed premises to Door No.13-4-595/3 in Ward No.45, Jiyaguda. Be that as it may, since it is alleged by the petitioner who claims to be a resident of the locality that location of 4th respondent-shop s in contravention of Rule 27 of A.P. Excise (Lease of right of selling by shop and conditions of licence) Rules, 2005, it is necessary for respondents 1 to 3 to make necessary enquiry, and in case the allegations of the petitioner are found to be true, to take appropriate steps in accordance with law. Accordingly, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to respondents 1 to 3 to consider the representation of the petitioner dated 1.09.2008 and pass appropriate orders in accordance with law after giving due opportunity to the 4th respondent to rebut the allegations as expeditiously as possible preferably within a period of two weeks from the date of receipt of a copy of this order. No costs. 15.09.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.19864 of 2008 Between: Raju S/o.Das, R/o.13-4-576/18/A, Ganganagar, Dariyabagh, Jiyaguda, Hyderabad. ..... PETITIONER AND 1 The Deputy Commissioner (Excise) Hyderabad District, Hyderabad. 2 Superintendent (Excise) Hyderabad District, Hyderabad. 3 Excise Circle Inspector, Dhoolpet, Hyderabad. 4 Sri Bajali Wine Shop, Jiyaguda, rep. by its Proprietor Narsing Goud, R/o. Jiyaguda, Hyderabad. .....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 a Writ, Order or direction more especially one in the nature of Writ of Mandamus declaring the action of the respondents in not taken any action against the 4th respondent wine shop viz., Sri Bajali Wine Shop, Ward No. 13-4, Dariyabagh, Jiyaguda, Hyderabad and consequently direct the 4th respondent to shift his wine shop in allotted area i.e., Ward No. 13-3, Jiyaguda, Hyderabad and pass such other order or orders. Counsel for the Petitioner: Ms. D.NAGHESWARI Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: