HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No. 27760 OF 2005. DATED 1ST SEPTEMBER, 2010. BETWEEN G.Prasada Rao …..Petitioner And The Commissioner of Prohibition & Excise, AP, Hyderabad and anr. ….Respondents HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No. 27760 OF 2005 ORDER: This Writ Petition is ﬁled seeking a Mandamus to declare action of the ﬁrst respondent in not considering the representation dated 19.10.2005 for refund of the licence fee for the period 1.7.2005 to 31.10.2005 with interest at 18% and further action of the second respondent in seeking to take coercive steps for collection of third instalment of licence fee from the petitioner though he was permitted to establish the retail liquor shop only with effect from 31.10.2005 by issuing licence as illegal and arbitrary. It appears, the petitioner was sanctioned IL.24 licence from 1998-99 to 2004-2005( upto 30.06.2005) at D.No. 24-1/75, Alankar Center,Mulapet of Nellore town (Ward No.24), in the name and style of M/s. Kaveri Wines. However, during the year 2005-2006, local people raised objections for location of the wine shop at Alankar Center, Mulapet. Therefore, the petitioner filed application on 18.07.2005 seeking permission to shift the shop from Alankar Center, Mulapet to A.C. Centre, Ward No. 33 of Nellore Municipal Corporation. Thereafter, he ﬁled another application on 1.9.2005 for shifting of the shop to Door No. 24/1-58, Rottela Street, Mulapet, Ward No. 24 of Nellore town. It appears, it was not fructiﬁed and therefore, he ﬁled another application on 19.10.2005 in view of the fact that even at Rottela Street, there was some resentment from the general public and therefore, he had again requested the authorities to permit him to shift his shop from Ward No.24 to A.C. Centre, Ward No.33 of Municipal Corporation of Nellore. Ultimately, he was granted licence on 29.10.2005. Now the grievance of the petitioner is that he is asked to pay third instalment licence fee though he was permitted to establish and commence the retail trade shop from 31.10.2005 by issuing licence. These facts are not in dispute. In the counter aﬃdavit ﬁled by the respondents, it is stated that unless and until a person shows his place of business, no licence can be issued. Though the petitioner was not granted licence to run the shop at premises door No. 24-1/174, Alankar Centre, Mulapet of Nellore Municipal Corporation (Ward No. 24) in view of the resentment from the general public, the licence was granted with eﬀect from 29.10.2005 and for shifting the shop from A.C.Centre, Ward No. 33 of Nellore town. Since this period falls within the excise year 2005- 2006 i.e. from 1.7.2005 to 31.6.2006, the petitioner is liable to pay all the instalments of licence fee including the third instalment of licence fee. According to the petitioner, he could not run his business and in fact there was no valid licence granted in his favour up to 29.10.2005. Therefore, the respondents are not justified in asking for payment of third instalment licence fee. It is a fact that ultimately the petitioner ‘s licence was granted only on 29.10.2005 and he has started his business from that day onwards. Therefore, the respondents are not justiﬁed in asking the petitioner to pay third instalment rental in view of the fact that the petitioner has not run his business from 1.7.2005 to 31.10.2005, i.e. for a period of four months. The same is equivalent to one instalment. The learned Counsel for the respondents however strenuously contended that whether there is licence or no licence, once the excise year commences, and shop in a particular ward is allotted in favour of the petitioner, it is for the petitioner to select place of his business and then commence business. Since, he did not do so and on the other hand, he is asking for shifting of the business from one place to other, and ultimately, when the premises was selected in A.C. Centre, Ward No.33, he was granted valid licence on 29.10.2005 and the same is deemed to have been come into eﬀect from the commencement of the Excise year onwards. I am unable to agree with the submissions made by the learned Government Pleader appearing for the respondents. Firstly when the shop was auctioned and allotted in favour of the petitioner, he had premises at door No.24-1/74, Alankar Centre, Mulapet of Nellore Municipal Corporation. However, in view of the public resentment, it was referred to the authorities and recommended to deny licence to him. Therefore, the petitioner filed application on 18.7.2005 for shifting of the business to A.C.Center, Ward No. 33. Again due to resentment from general public, he had ﬁled application on 1.9.2005 for shifting the business to Ward No. 24 of Rottela Veedi, Mulapet of Nellore town. Again, as there is resentment from the general public at Ward No.24, the petitioner selected place of business in A.C.Centre, Ward No.33 of Municipal corporation of Nellore, for which, the petitioner ultimately was granted licence from 29.10.2005. All these facts would go to show that there was no valid licence issued in favour of the petitioner from 1.7.2005 to 31.10.2005. Under these facts and circumstances of the case, I am of the opinion that the petitioner is liable for payment of licence fee/rentals from the date of valid licence issued by the respondents and the respondents cannot collect any rentals or licence fee prior to the granting of licence, i.e. from 1.7.2005 to 31.10.2005. Under these circumstances, since the petitioner has paid two instalments, the respondents are directed to refund the amount collected towards two instalments from the petitioner along with 6% interest per annum. The Writ Petition is allowed. There shall be no order as to costs. ------------------------------------- JUSTICE C.V. RAMULU 1ST OCTOBER, 2010. Msnr