IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE MR.JUSTICE R.SUBHASH REDDY WRIT PETITION No.13624 of 2008 Between: T. Sanyasi Rao, S/o. Venkateswar Rao, R/o. 36-93-336, Kanchara Palem, Visakhapatnam, Visakhapatnam -8. ... PETITIONER AND 1 The Prohibition & Excise Department, Rep. by its Commissioner, Hyderabad. 2 The Prohibition & Excise Superintendent, Visakhapatnam, Visakhapatnam District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in permitting/granting license to run the retail liquor shop i.e. at door No. 45-58-17/1, Kanchara Palem Metta, Kanchara Palem, Visakhapatnam which is 45 meters away from the Sree Muthyalamma Ammavari Temple, Kanchara Palem which is in violation of Rule 29 of A.P. Indian Liquor and Foreign Liquor Rules, 1970 as arbitrary, illegal and consequently direct the respondents not to issue license to run retail liquor shop i.e., at door No. 45-58-17/1, Kanchara Palem Metta, Kanchara Palem, Visakhapatnam which is within the radius of 45 meters from Sre Muthyalamma Ammavari Temple, Kanchara Palem. Counsel for the Petitioner: MR.G.TUHIN KUMAR Counsel for Respondents: GP, PROHIBITION & EXCISE The Court made the following: Order: (Per HC, J) This is a Public Interest Litigation wherein it has been alleged by the petitioner that Monarch Wines, Kancharapalem, Visakhapatnam, was permitted to run a liquor shop near a temple, which is against the rules and regulations framed under the A.P. Excise Act, 1968. The learned Government Pleader for Prohibition and Excise has submitted that it has been decided not to give any permit in favour of Monarch Wines Kancharapalem, Visakhapatnam. In view of the fact that Monarch Wines, Kancharapalem, Visakhapatnam, was having permit to run wine shop in the past, but as it is stated that permit is not being issued, the grievance ventilated in the petition would not survive. The petition is therefore disposed of as having become infructuous. A copy of the letter dated 30-06-2008 addressed by the Prohibition and Excise Superintendent (FAC), Visakhapatnam to the learned Government Pleader for Prohibition and Excise, stating the above fact, is taken on record. ________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. September 2, 2008 MRR