THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17112 of 2009 DATE: 19.08.2009 Between: Sunkara Sridevi ... Petitioner and Government of A.P., rep. By its Commissioner, Prohibition and Excise, Nampally, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17112 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in not considering the objections filed by her on 27.07.2009 and 12.08.2009 to the application filed by 4th respondent, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that she is doing business in the name and style of "M/s. Sridevi Restaurant and Bar" at door No.1-4, Tangellamudi, Eluru, West Godavari District, under a valid licence No.IL-17 and carrying on the business without any complaints from any corner at any point of time. While so, M/s. Sri Sai Restaurant and Bar, Narasimharaopeta, Eluru, West Godavari District - 4th respondent submitted an application for shifting of its business premises to R.S.No.70, Pushpa Leela Nagar, Tangellamudi, Eluru, West Godavari District, to the Superintendent, Prohibition and Excise, West Godavari District - 3rd respondent. On coming to know about the same, she filed objections to respondents 1 and 3 and also to the Deputy Commissioner of Prohibition and Excise, West Godavari District - 2nd respondent on 27.07.2009 and 12.08.2009, but the respondents 1 to 3 are contemplating to pass orders on the application of the 4th respondent, without considering her objections. Aggrieved by the same, she filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Prohibition and Excise. 4. Learned counsel for the petitioner has submitted that there are two IL-17 bars and one IL-24 shop within a radius of one kilometer from the business premises of the petitioner, that the turn over of the petitioner is Rs.1,07,51,042/- whereas the turn over of the 4th respondent is Rs.69,98,054/-, that only with a malafide intention the 4th respondent submitted the application, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by both the learned counsel and as the grievance of the petitioner is that respondents 1 to 3 are not considering the objections filed by her on 27.08.2009 and 12.08.2009, this Court is of the view that this writ petition be disposed of, at the stage of admission, with a direction to the 1st respondent i.e. the Commissioner, Prohibition and Excise, Nampally, Hyderabad, to consider the objections of the petitioner and pass appropriate orders thereon, within a period of four (4) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 19th August, 2009 NOTE: Furnish by tomorrow. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17112 of 2009 (Disposed of) 19th August, 2009 NOTE: Furnish CC by tomorrow. (b/o) CBS