IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE ELEVENTH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.140 of 2010 Between: Gurram Sambamurthy. … Petitioner And The State of A.P., reptd., by its Principal Secretary, Prohibition and Excise Department, Secretariat, Hyderabad and others. … Respondents Counsel for the petitioner: Sri Mangena Sreeramarao. Counsel for the respondents: AGP for Prohibition and Excise for R.1 to R.6. Sri A.Jagannadharao for R.7. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of respondents 1 to 6 in contemplating to permit respondent No.7 to shift his shop, covered by A.4 license, from Mupparru village to Kotturu village, as illegal and arbitrary. The petitioner is an existing A.4 licensee for Buraigudem village, Pedapadu Mandal. Respondent No.7 is also a holder of A.4 license and presently running his liquor shop at Mupparru village. Respondent No.7 filed an application for shifting of his shop from Mupparru village to Kotturu village, on two grounds, viz., that the premises in which he has been running the shop is required by the Irrigation Department for construction of “drop and regulator” and that the place at which respondent No.7 is running his shop is not economically viable. The petitioner is stated to have filed his objections to the said request of respondent No.7, which is pending before respondent No.2. At the hearing, the learned counsel for the petitioner submitted that if the application of respondent No.7 for shifting of his shop is accepted, it may affect the viability of the petitioner’s shop because the proposed place is only about 1 K.M., away from the petitioner’s shop. A counter-affidavit has been filed by respondent No.3, wherein it is, inter alia, stated that the application of respondent No.7 is pending before respondent No.2. He has placed reliance on Rule 29(3) of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of License) Rules, 2005 and averred that respondent No.2 is competent to entertain applications for shifting and permit such shifting for valid reasons within the notified area and also within the same Mandal or Municipality or Municipal Corporation without affecting the total number of notified shops in the respective units. While it cannot be disputed that the ground of viability is not relevant in considering the request for shifting, other practical difficulties can certainly be considered as relevant factors for considering the request for shifting of a shop from one place to another. But, at the same time, respondent No.2 is bound to consider the objections filed by the shop owners in the vicinity with reference to viability of their shops. While existence of power for permitting shifting is one thing, its exercise is quite another thing. If the petitioner’s objection on the viability aspect has merit, respondent No.2 is bound to consider the same with reference to number of shops located in the area concerned and the revenue being earned by such shops. The apprehension of the petitioner is that if respondent No.7 is permitted to shift his shop to Kotturu village, which is about 1 K.M., away from the petitioner’s place, it would adversely affect the petitioner’s viability. This objection cannot be said to be without basis because the aspect of proximity between two shops is certainly a relevant factor for consideration. Keeping in view this objection of the petitioner, respondent No.2 is required to decide whether respondent No.7 should be permitted to shift his business premises within the same village, where he has been carrying on his business now, or to any neighbouring village without affecting the viability of the petitioner’s business. Respondent No.2 is, therefore, directed to pass an appropriate order, after considering the above aspects, within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:11-3-2010 MNR