The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.7114 of 2010 Dated 30th March, 2010 Between: M/s.Bhavani Restaurant and Bar (2-B License) Yellandu (V&M) Khammam District, rep. by its Proprietor V.Venu. …Petitioner And 1.Government of A.P., and 2 others …Respondents Counsel for the Petitioner : Mr.M.M.M.Srinivasa Rao for Mr.Kowturu Vinay Kumar Counsel for the Respondents: GP for Prohibition and Excise The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not refunding the first instalment license fees of Rs.3,70,000/- remitted by the petitioner under Challan No.18957, dated 30-06-2007, as illegal and arbitrary. I have heard Sri M.M.M.Srinivasa Rao, learned Counsel representing Sri Kowturu Vinay Kumar, learned Counsel for the petitioner, and the learned Government Pleader for Prohibition and Excise representing the respondents. The petitioner was a holder of 2B License for the Excise year 2006-07. As the premises in which he was running the Bar and Restaurant was found objectionable, his application for renewal of license for the excise year 2007-08 was not accepted and consequently, he could not run the Bar at the said premises though he has paid Rs.3,70,000/- towards first instalment of the license fees. Later on, the petitioner approached this Court more than once and in pursuance of certain orders passed by this Court, the petitioner made a fresh application for grant of prior permission for establishing a Bar and Restaurant at another premises. Prior clearance was accordingly granted on 22-07-2009. On the petitioner remitting the entire license fee of Rs.11,31,750/-, a fresh license was granted for the Excise year 2009-10 on 06-10-2009. The petitioner is stated to have submitted his application, dated 18th November, 2009, to the respondents for refund of the sum of Rs.3,70,000/- paid in connection with his application for renewal of license for the year 2007-08. This application is stated to be pending. The learned Counsel for the petitioner placed reliance on Rule 10 (6) of the A.P.Excise (Grant of selling by Bar and conditions of license) Rules, 2005, in order to support the petitioner’s plea for refund. I have considered the said provision, which provides that in case a license is refused, the fee paid should be refunded. In my considered opinion, the petitioner’s request for refund of part license fee paid in anticipation of renewal of license deserves to be accepted as his application for renewal of license was accepted and renewal was not made for the year 2007-08. Respondent No.2 is, therefore, directed to consider the petitioner’s application in the light of the above-mentioned Rule and refund the license fees paid by him in case renewal of license has not been made in his favour during the Excise year 2007-08 or adjust the same towards the license fee payable by him in future. An appropriate order in this regard shall be passed within a period of six weeks from the date of receipt of a copy of this order. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.9194 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________ C.V.Nagarjuna Reddy, J Dated 30th March, 2010 lur