IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 1979 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/10/2004 in WP NO : 19743 OF 2004 on the file of the High Court.) Between: P. Srinivasa Rao, S/o. Adaiah, In the Name and Style of M/s. Blue Box Bar and Restaurant, Gaganammapeta, Prakasam Road, Tenali, Guntur District. ..... APPELLANT AND 1 Suprapaneni Krishna Rao, S/o. Sambaiah, Prakasam Road, Tenali, Guntur District. 2 The Commissioner, Prohibition & Excise, Hyderabad. 3 The Deputy Commissioner of Prohibition & Excise, Guntur. 4 The Prohibition & Excise Superintendent, Guntur. 5 The Assistant Excise Superintendent, Tenali, 6 The S.H.O., Prohibition & Excise Station, Tenali. .....RESPONDENT(S) Counsel for the Appellant:MR.B.SAI RAM GOUD Counsel for the Respondent No.1: Mr. Ramesh Ranganadhan for Ch. Ravindra Babu Counsel for the Respondent Nos. 2 to 5: G.P. for Prohibition & excise The Court made the following Oral Judgment: (per Sri Devinder Gupta, CJ) The 6th respondent in the writ petition is the appellant herein. He filed the present appeal being aggrieved by the order passed on 28.10.2004 by the learned single judge disposing of writ Petition No. 19743 of 2004 filed by the 1st respondent herein. The main grievance of the appellant is that before disposing of the writ petition, no notice was served on the appellant herein. Therefore, the impugned order is bad and is violative of principles of natural justice. It was incumbent for the learned single judge to have issued notice to the appellant. Writ Petition was filed by Respondent No.1 seeking Writ of Mandamus to declare the action of respondents 2 to 5 in recommending the grant of IL-17 licence to the appellant herein alleging that it was contrary to Circular of the Commissioner of Prohibition & Excise, Hyderabad, issued vide Proceedings dated 3.4.2003, and the same was arbitrary, illegal and consequently he prayed for a direction not to grant IL -17 licence for Bar and Restaurant to the appellant in the name and style of M/s. Golden Blue Fox Bar & Restaurant. When the writ petition came up for consideration before learned single judge, the learned single judge after hearing the learned counsel for the 1st respondent-writ petitioner, came to the conclusion that since the matter is still under consideration before the Commissioner of Prohibition and Excise, it will be for the competent authority to grant licence and the relief sought for by the writ petitioner cannot be granted at this stage of the proceedings and for that reason Mandamus cannot be granted. Thus having declined to grant the relief, the learned single judge noticed the statement made at the Bar that the writ petitioner had already submitted representation dated 24.10.2004 bringing to the notice of the Commissioner that the licence proposed to be granted in favour of the appellant-6th respondent cannot be granted. Therefore, the learned single judge disposed of the writ petition with a direction that representation filed by the writ petitioner on 24.10.2004 will also be taken note of by the Commissioner, Prohibition & Excise while considering the recommendation made by the Prohibition and Excise Superintendent in favour of the appellant herein. When learned single Judge had not granted the main relief, there was no question of issuing any notice to the appellant since no order adverse to him was passed by the learned single judge. Learned single judge while declining to grant the main prayer in the writ petition, simply disposed of the writ petition with a direction to the Commissioner to take into consideration the representation of the 1st respondent-writ petitioner and proceed to dispose of the matter strictly in accordance with law. There is nothing wrong in such an order which would entail interference in our hands. The writ appeal is accordingly dismissed. No costs. ____________________ DEVINDER GUPTA, CJ Date: 8th December, 2004 ________________________ M. NARAYANA REDDY, J Pnb To 1 The Commissioner, Prohibition & Excise, Hyderabad. 2 The Deputy Commissioner of Prohibition & Excise, Guntur. 3 The Prohibition & Excise Superintendent, Guntur. 4 The Assistant Excise Superintendent, Tenali, Guntur District. 5 The S.H.O., Prohibition & Excise Station, Tenali, Guntur District. 6 Two C.Cs. to the Government Pleader for Prohibition & Excise, High Court Buildings, Hyderabad. 7 Two C.D. copies