IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26272 of 2008 Between: D. Gopal Naidu, S/o. D. Ramaiah, M/s. Narasimha Wines, R/o. Madanapalli, Chittoor District. ..... PETITIONER AND 1 The Prohibition and Excise Superintendent, Chittoor, Chittoor District. 2 The Prohibition and Excise Inspector, Mandanapalli, Chittoor 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 an order or direction more in the nature of Writ of Mandamus, declaring the in action of the 1st respondent in not passing any orders on the representation dt. 27-9-2008 made by the petitioner for shifting of his shop No. A4 to the Room No. 7, in Door No. 11-344 of Gopal Reddy Complex in Ward No. 15 of Madanapalle Town, Chittoor District as illegal, arbitrary and contrary to principles of natural justice and pass Counsel for the Petitioner:MR.KOTI REDDY IDAMAKANTI Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.26272 of 2008 Petitioner is a licensee holder of M/s. Narasimha Wines, having his shop at Door No.11-337, Ward No.15, Madanapalle, Chittoor District. He submitted a representation, dated 27.09.2008, to the 2nd respondent, namely the Prohibition & Excise Superintendent, Chittoor, for shifting of his shop from the existing premises to Door No.11-344, Room No.7, Ward No.15, on the ground that the existing premises is very small and is an old building. His grievance is that no orders have been passed by the 2nd respondent, so far, and on account of the same, he is sustaining loss in the business and, therefore, seeks appropriate directions, in this regard. There is no necessity of going into all the details. Learned Government Pleader for Prohibition & Excise submits that the appropriate authority to accord permissions with respect to shifting of Wine shops to any other locality is the Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad, but not the Prohibition & Excise Superintendent, before whom the petitioner submitted his representation seeking permission for shifting his shop to another locality. In the facts and circumstances of the case, without expressing any opinion on merits, I deem it appropriate to direct the petitioner to file an appropriate representation before the Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad, within a period of one week from today and on filing such representation, the Commissioner, Prohibition & Excise, Andhra Pradesh, Hyderabad, shall dispose of the said representation within a period of three weeks thereafter, and pass appropriate orders as per law and communicate the same to the petitioner. With the above direction, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMUU, J 02-12-2008 Note: Furnish CC in three days B/o v v