IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13720 of 2008 Between: Moguluri Ravi Kumar, S/o. M.Yanadi Setty, R/o. Dondaparthy, Visakhapatnam. ..... PETITIONER AND 1 State of Andhra Pradesh, rep by Commissioner of Prohibition & Excise, Andhra Pradesh, Hyderabad. 2 Deputy Commissioner of Prohibition & Excise, Green Park, Balayyasastry, Layout, Visakhapatnam. 3 Prohibition & Excise Superintendent, Green Park, Balayyasastry, Layout, Visakhapatnam. 4 P.Raghu, S/o. Not Known, C/o. Sky Room Bar & Chinese Restauraut, Premises No.28- 9-34, 34/1 & 34/2, Near Chitralaya Teatre, suryabagh, Visakhapatnam. .....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 a WRIT OF MANDAMUS or any other appropriate Writ or writs, order or Direction, declaring the action of the 2nd Respondent in not considering the legal notice dt 18-6-2008 got issued by petitioner through his counsel, as illegal and arbitrary, by directing the 2nd Repondent to fothwith consider the said legal notice before seeking to grant/renew licence in favour of the fourth respondent herein for running a Bar & Restaurant at Premises bearing D.No.28-9-34, 28-9-34/1 and 28-9-34/2, Near Chitralaya Theatre, Suryabagh, Visakhapatnam; Award Costs and pass Counsel for the Petitioner:MR.N.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13720 of 2008 ORAL ORDER: The writ petition is filed on an apprehension that the petitioner’s objections contained in the representation dated 18-06-2008 addressed to the official respondents would not be considered by the said respondents while considering the application of the 4th respondent for renewal of II-B License for running a Bar and Restaurant. By the representation dated 18-06-2008 the petitioner intimated to the official respondents that the lease in favour of the 4th respondent expired on 30-06-2008 and no renewal has been granted by the petitioner in respect of the premises bearing Door Nos. 28-9-34; 28-9-34/1 and 28-9-34/2 near Chitralaya Theatre, Suryabagh, Visakhapatnam. The petitioner claimed to be the owner of the above premises. On instructions, the learned Government Pleader for Excise states today that the II-B License has not been renewed in favour of the 4th respondent since he failed to produce lease deed on a stamped paper as required by the relevant statutory rule i.e., Rule 6 of the A.P. Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2005. In view of the statement made by the learned Government Pleader for Excise, the apprehension of the petitioner has no basis. The writ petition is misconceived and is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 11-07-2008 Pvks/* Nb: Furnish c.c. in three days. B/o pvks/*