IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23353 of 2009 Between: Nalivela Rajkumar and antoher ..... PETITIONER(S) AND The Commissioner, Prohibition and Excise, Hyderabad and four others. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23353 of 2009 ORDER : The petitioners who are the residents of Warangal entered into a lease agreement with respondents 4 and 5 with respect to premises bearing No.15-1-59/1, situated at Srinivasa Colony, Warangal, for a monthly rent of Rs.14,000/- per month and they have taken possession of the same for the purpose of establishing Bar and Restaurant, and thereafter, the petitioners made an application, dated 28-07-2009, to the 2nd respondent-Superintendent, Prohibition & Excise Department, Warangal. While so, on information from the 3rd respondent-Central Bank of India, Warangal, that the said property is under mortgage with the 3rd respondent-Bank, the 2nd respondent has not passed any orders on the said representation and hence, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Prohibition and Excise. 3. The learned counsel for the petitioners submits that they are ready to forego the licence fee which they have already paid and in fact, the banker i.e. 3rd respondent has already initiated the recovery proceedings against the respondents 4 and 5 and simply because, the 3rd respondent addressed a letter stating that the said property is under mortgage, the 2nd respondent shall not reject the said application. 4. Since the represntation made by the petitioners has not been rejected by the 2nd respondent, the submissions made by the learned counsel for the petitioners can as well be brought to the notice of the respondents 1 and 2 by way of another representation, and the respondents 1 and 2 may consider both the representations and pass appropriate orders thereon in accordance with law, at the earliest, preferably, within a period of two weeks from the date of receipt of a copy of this order. 5. With the aforesaid directions, the writ petition is disposed of. There shall be no order as to costs. ______________ October 30, 2009 kvr