IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12256 of 2008 Between: Manchala Srinivasulu Gandhi S/o.Venkataiah Hindu R/o.24/363/A Raja Gari Street Alankar Center Mulapet Nellore District ..... PETITIONER AND 1 The Government of Andhra Pradesh rep.by its Principle Secretary Prohibition & Excise Department Secretarit Bldgs Saifabad Hyderabad 2 The Commissioner of Prohibition & Excise opp. to Sham Mukharaj Bhavan Nampally Hyderabad 3 The District Collector Cum District Magistrate Sri Potti Sriramulu Nellore District 4 Prohibition & Excise Department Rep.by its Superintendent Sri Potti Sriramulu Nellore District 5 Prohibition & Excise Department Rep.by its Dy Commissioner Sri Potti Sriramulu Nellore District .....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 order or direction more particularly one in the nature of writ of Mandamus declare the Notification issued by the Government of Andhra Pradesh for grant of lease Right to sell I.M.F/F.L vide No.135/2008/A4 dt.6-6-2008 in so far SI No.12 Division No.37 Alankar Center Area Mulapet of Nellore Corporation amounts to erroneous arbitrary and contrary to law and violative of Article 14 and 21 of the constitution of India besides being the provisions contemplated under A.P Excise act 1968 and consequently set aside the notification in so far as SI 12 Division No.37 Alankar Center Area Mulapet of Nellore corporation and to pass Counsel for the Petitioner:MR.G.VENKATESWARLU Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12256 of 2008 ORDER: This writ petition has been filed seeking a Writ of Mandamus to declare the action of the 1st respondent in issuing Notification, dated 06-06-2008, for grant of Lease Rights to sell Indian made Foreign Liquor and Foreign Liquor insofar as Sl.No.12, Division No.37, Alankar Centre Area, Mulapet of Nellore Corporation, as illegal and arbitrary. It is the case of the petitioner that he is a permanent resident of house bearing No.24/363/A, Rajagari Street, Alankar Centre, Mulapet, Nellore Town and earlier the licence granted in favour of M/s.Kaveri Wines was cancelled on the objections of the locality people. Rule 27 of A.P.Excise (Lease of Right of Selling by Shop and conditions of Licence) Rules, 2005 (for short “the Rule”), reads as follows:- “Selection of Premises:- The successful tenderer subject to the approval of the Prohibition and Excise Superintendent, shall select suitable premises for sale of IL & FL within the Municipal Corporation, Municipality, village/town/city or area/locality as the case may be as notified in the District Gazette. It shall be at least 100 meters away from the places of public worship, Educational Institutions, Hospitals and 50 meters away from Highways except in Municipal Corporations and 5 kms. belt area of the periphery of Municipal Corporation.” It is the case of the petitioner that previously the licence granted in favour of M/s.Kaveri Wines at Ward No.24, Alankar Centre Mulapet, Nellore Town, was cancelled on the objections of the locality people as it was within 100 metres to Samsukrutha Kalasala, Girls High School, Little Angle School, Mahalakshmi Temple, Bus Stop, Coaching Centres, Police Quarters and also residential houses. It is stated that having cancelled the licence granted in favour of M/s.Kaveri Wines in respect of Alankar Centre area, again issuing impugned notification, notifying the Alankar Centre area for grant of Lease Rights to sell Indian made Foreign Liquor and Foreign Liquor is illegal and arbitrary. I am of the opinion that it is for the successful highest bidder to select suitable premises in conformity with the Rule and merely because Alankar Centre area has been mentioned in the Notification, it cannot be said that the authorities are going to grant licence contrary to the Rule. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioner cannot question the said Notification, as the authorities concerned are not going to grant licence contrary to the Rule. It is for the highest bidder to select suitable premises in conformity with the Rule and the authorities concerned are not under obligation to approve the premises in contravention of the Rule. With the above observation, the writ petition is disposed of. It is needless to observe that if any grant of licence is in violation of the aforesaid Rule, it is open for the petitioner to question the same. There shall be no order as to costs. __________ 13-06-2008 Note: Issue C.C. in two days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}