HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.19697 of 2010 Date : 5-12-2011 Between: Burugupudi Gram Panchayat, Represented by its Sarpanch Sri P. Surya Chandra, East Godavari Distrifct. .. Petitioner And The Commissioner of Excise and Prohibition, Hyderabad and others .. Respondents Counsel for petitioner : Sri D.V. Chalapathi Rao Counsel for respondent Nos.1 to 3 : Government Pleader for Prohibition and Excise Counsel for respondent No.4 : Sri N. Siva Reddy The Court made the following: ORDER: This Writ Petition, ﬁled by Burugupudi Gram Panchayat, is wholly misconceived besides the same being without any merit whatsoever. It is the pleaded case of the Sarpanch of the petitioner-Gram Panchayat that the villagers of the Gram Panchayat have taken an unanimous resolution imposing total prohibition on the liquor within the village. The grievance of the petitioner is that despite the said resolution, respondent No.4 was granted A-4 licence for sale of liquor in retail by respondent No.3. The petitioner therefore sought for a mandamus to declare the said action as illegal. In my opinion, the purported resolution of the petitioner-Gram Panchayat does not in any manner bind the respondents. The provisions of the A.P. Excise Act, 1968 and the extant Rules permit granting licence for sale of liquor subject to the Rules and the terms and conditions of licence. The resolution of the petitioner- Gram Panchayat cannot therefore override the statutory provisions. The oﬃcial respondents do not have any statutory obligation to carryout the resolution of the petitioner-Gram Panchayat and therefore no mandamus can be issued to them to respect and implement the resolution of the petitioner-Gram Panchayat. Similarly, respondent No.4 cannot be restrained from carrying on the liquor business under the licence duly granted to him in accordance with the statutory provisions. For the above mentioned reasons the Writ Petition is dismissed. As a sequel, WPMP No.24966/2010 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 5-12-2011 AM