The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.17839 of 2010 Date: 31-08-2010 Between: B.Rajesh Kumar and 4 others ..... Petitioners AND The Commissioner of Prohibition & Excise, Hyderabad and 3 others .....Respondents Counsel for the Petitioners: Mr.B.Sai Ram Goud Counsel for Respondent Nos.1 to 3: AGP for Prohibition & Excise Counsel for respondent No.4: Mr.O.Manohar Reddy The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3, in not considering the petitioners’ representations/objections to the proposed shifting of A-4 shop by respondent No.4 to premises bearing No.1-9-83 to 86, Shop No.3, M.V.Gupta Golden Heights Apartment, Ramnagar X-Roads, Hyderabad, as illegal and arbitrary. I have heard Sri B.Sai Ram Goud, learned Counsel for the petitioners, the learned Assistant Government Pleader for Prohibition and Excise representing respondent Nos.1 to 3 and Sri O.Manohar Reddy, learned Counsel for respondent No.4. The petitioners claim to be the residents of Ramnagar X-Roads. Respondent No.4 is an A-4 licensee, who was permitted to locate the shop at premises bearing No.1-9- 17/A/2 and 3, Ground floor, Adikmet, Ramnagar. Respondent No.4 made an application to respondent No.1 to permit him to shift the said shop to another premises on the ground that the previous licensee, who was in occupation of the premises in respect of which permission was granted, did not vacate the said premises. On coming to know that respondent No.4 made such an application, petitioner No.3 filed an objection petition before respondent Nos.1 to 3 on 22-07-2010 with a request not to permit shifting of the said shop to the proposed premises as requested by respondent No.4. Anticipating that respondent No.1 may permit respondent No.4 to shift the shop, the petitioners filed the present Writ Petition. Separate counter-affidavits have been filed on behalf of the official and contesting respondents. It is inter alia stated in the counter-affidavit filed by respondent No.2 that on receipt of the application from respondent No.4, he and respondent No.3 jointly inspected the proposed premises and on the basis of the said inspection, respondent No.3 submitted a detailed report to him and he, in turn, submitted proposals to respondent No.1 on 23-07-2010 for granting permission for such shifting. It is further stated that the application of respondent No.4 is still pending before respondent No.1 and that in view of the interim order passed by this Court in this Writ Petition on 22- 07-2010, no further action is taken. In the counter-affidavit filed by respondent No.4, it is stated that the distance between the proposed premises and the Government College is beyond 100 meters and that the proposed location of his A-4 shop conforms to the requirement of Rule 27 of the A.P.Excise (Lease of Right of Selling by Shop and Conditions of License) Rules, 2005. After hearing the learned Counsel for the parties, I am of the opinion that the Writ Petition is premature, because the same is filed in anticipation of respondent No.1 granting permission to respondent No.4 to shift the shop. As the application filed by respondent No.4 is still pending before respondent No.1, no cause has accrued to the petitioners for filing the Writ Petition at present. As and when an order, adverse to the interests of the petitioners, is passed by respondent No.1, they are entitled to avail appropriate legal remedy. Therefore, the Writ Petition is dismissed with a direction to respondent No.1 to consider the objections of the petitioners along with the material, if any, filed by them before taking a final decision on the application of respondent No.4. The decision taken by respondent No.1 shall be communicated to petitioner No.3 on behalf of the petitioners. As a sequel to dismissal of the Writ Petition, interim order, dated 22-07-2010, is vacated and WPMP.Nos.22547 & 24267 of 2010 and WVMP.No.3295 of 2010 are disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 31st August, 2010 lur