THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1057 of 2007 DATED: 22-01-2007 M/s Flemingo Dutyfree Shop Private Limited, Rep., by its Managing Director, A company incorporated under Indian Companies Act, With its Regd.Office at D.No.73/1, TTC Industrial Area, MIDC, Turbha, Navi Mumbai – 400 705. ..... PETITIONER AND The Government of Andhra Pradesh, Rep., by its Commissioner, Prohibition & Excise, Nampally, Hyderabad & two others. .....RESPONDENTS ORDER: Heard the learned counsel for the petitioner as well as the learned Government Pleader for Prohibition & Excise appearing for the respondents. 2. The Government of Andhra Pradesh issued orders in G.O.Rt.No.1712 dated 20-12-2004 in favour of the petitioner to operate additional dutyfree shop to sell foreign liquor and beer against foreign currency to bona fide Internation passengers also at Arrival and Departure Lounge in Rajiv Gandhi International Airport, Hyderabad. Pursuant to the said orders, the licencing authority, i.e., the Commissioner for Prohibition and Excise, granted licence in Form A-1 for possession and issue of liquor in bottled form to the International Air passengers transiting in the Airport in respect of the dutyfree shop at Rajiv Gandhi International Terminal, Hyderabad from 01-07-2005 to 30-06-2006. It is stated that even before the expiry of licence the petitioner filed an application dated 16-06-2006 before the Superintendent, Prohibition and Excise, Hyderabad, for renewal of licence for the Excise year, 2006-07 as per the G.O.Ms.No.231 dated 29-03-2001 r/w G.O.Ms.No.1712 dated 20-10-2004, and the said application has not been considered by the respondents. It is further stated that the petitioner has been carrying on the business of selling liquor in sealed bottles to the bona fide International Air passengers transiting the Rajiv Gandhi International Airport at Arrival and Departure Lounge and he has not violated any of the provisions of the A.P.Excise Act, ( for brevity, ‘the Act’) and the rules made thereunder. But the learned Government Pleader for Prohibition & Excise appearing for the respondents submits that the petitioner has violated the terms and conditions of the licence and the provisions of the Act and the rules made thereunder by selling the liquor to the persons who are not bona fide passengers causing loss to the Government. Therefore I am not inclined to express any opinion as regards the said contentions of the learned counsel for the petitioner as well as the learned Government Pleader for Prohibition & Excise as it is for the licencing authority to consider and pass appropriate orders whether to renew the licence, if no cases are pending and if the petitioner has not violated any terms and conditions of the licence. But however, without passing any orders the respondents cannot keep the application pending. Therefore having regard to the facts and circumstances of the case, the 2nd respondent is directed to send necessary report on the renewal application filed by the petitioner to the licencing authority i.e., the Commissioner, Prohibition & Excise/1st respondent, and the 1st respondent may consider and dispose of the same within four weeks from the date of receipt of a copy of this order. 3. Accordingly, the writ Petition is disposed of. No order as to costs. __________________ V.ESWARAIAH,J 22nd January, 2006. Tsy