IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14219 of 2008 Between: Smt. Ch. Chantamma W/o Sri Papi Reddy R/o Bheemavaram, jaipur, Mandal, Adilabad District. ..... PETITIONER AND 1 M/s. New mandakini Bar and Restaurant rep by its Partners Sri. T. balkishan and Srio. B. Jayender Reddy Situated at 2-1-587, KUC Cross Roads, Hanamkonda Warangal District. 2 The Superintendent, Prohibition and Excise, Warangal, Warangal District. 3 The Inspector, Prohibition and Excise, Hanamkonda, Warangal District. 4 The Deputy Commissioner, Prohibition,and Excise Warangal Division, Warangal. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to grant an order, direction or Writ, more so in the nature of Writ of Mandamus, declaring the action of the official respondents in not considering the objections of the petitioner dated23-5-2008 and 1--7-2008 in relation to the grant of renewal of license to the first respondent herein as illegal, arbitrary, highhanded, violative of the A.P. Excise, act and rules made there under apart from Article 14 of the Constitution of India and consequently direct the official respondents not to grant renewal of the bar license to the first respondent without passing orders on the objections filed by the petitioner dated 23-5-2008 and 1-7-2008 and pass such other order or orders. Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondent No.1: None Counsel for the Respondent Nos. 2 to 4: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 14219 of 2008 ORDER: The writ petition is premature. Apprehending that the official respondents would grant Form II-B licence in favour of the first respondent for the current Excise year commencing from 1.7.2008 in transgression of Rule 6 of Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005, the writ petition is filed. The petitioner claiming to be the owner of the premises, lodged objections before the 2nd respondent on 23.5.2008 and 1.7.2008 against the consideration of the 1st respondent’s application for renewal of Form II B licence. Apprehending that the objections will not be considered, the writ petition is filed. Admittedly, no licence has yet been granted in favour of the 1st respondent. Therefore, there is no present cause of action. As and when a licence is granted, the petitioner may pursue appropriate remedies. The writ petition is premature and is accordingly dismissed. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 3rd July, 2008 Pnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent, Prohibition and Excise, Warangal, Warangal District. 2 The Inspector, Prohibition and Excise, Hanamkonda, Warangal District. 3 The Deputy Commissioner, Prohibition,and Excise Warangal Division, Warangal. 4 Two C.Cs. to the G.P. for Excise, High Court Buildings, Hyderabad. 5 2 C.D. copies