IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.29324 of 2009 Between: Akuthota Satish Kumar ..... PETITIONER AND The Commissioner, Prohibition and Excise, Nampally, Hyderabad and two others ..... RESPONDENTS ORDER: This court ordered notice before admission on 06-01-2010. 2. The learned Assistant Government Pleader for Prohibition and Excise states that the application of the petitioner is pending disposal before the first respondent and in the light of the same, the first respondent may be directed to dispose of the said application, accordance with law. The same is recorded. 3. The writ petition is filed seeking a writ of Mandamus to declare the action of the first respondent in not granting prior clearance, as per the procedure contemplated under Rule 5 of the A.P. Excise (Grant of licence of selling by Bar and conditions of licence) Rules, 2005 even after receipt of report of recommending for grant of prior clearance from second respondent pursuant to the application filed by the petitioner in form-1A for grant of prior clearance while discriminating with grant of similar prior clearance to the others within Warangal Municipal Corporation, as illegal, arbitrary and violative of Articles 14 of Constitution of India, and consequently to direct the first respondent to issue prior clearance to the petitioner pursuant to the application filed by the petitioner for establishment of bar shop as per recommendation of the second respondent at premises bearing H.No.11-19-113, Kasibugga, Warangal, forthwith and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the writ petition. 5. It is stated that on 28-04-2008 the petitioner filed an application in Form-1A before the first respondent for grant of prior clearance for issue of 2B(Bar) licence for running a bar under the name and style of M/s.SSS Diamond Restaurant and Bar in the premises bearing No.11-19-113 at Kasibugga, Warangal after obtaining the required licence from the Warangal Municipal Corporation and also by enclosing a challan of Rs.1000/- towards fee. 6. It is further stated that the first respondent rejected for grant of prior license vide his proceedings dated 18-09-2008 on the ground that there is no viability for grant of licence. Aggrieved by the order of rejection the petitioner filed writ petition No.22705 of 2008. The petitioner withdrawn the writ petition on 11-06-2009 with a liberty to approach the first respondent with a fresh application along with no objections from the bar licences of the area. On 04- 07-2009 the petitioner filed fresh application before the first respondent along with Form-1A duly enclosing a challan of Rs.1000/- dated 04-07-2009 for issue of prior clearance for grant of 2B licence in his father. 7. Several averments in detail had been made in the affidavit filed in support of the writ petition. It is no doubt stated that certain applications of the applicants similarly placed had been favourably considered. 8. In the light of the facts and circumstances, this court is of the considered opinion that the writ petition be disposed of directing the first respondent to consider and dispose of the application of the petitioner, in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. 9. The writ petition is disposed of accordingly. There shall be no order as to costs. ___________________ P.S. NARAYANA, J January 22, 2010. Note: Furnish C.C. in two (2) days. B/o.Pn THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.29324 of 2009 January 22, 2010