IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE ELEVENTH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.1105 of 2010 Between: Smt. P.Durga Bhavani. … Petitioner And The Commissioner, Prohibition and Excise Department, Hyderabad and others. … Respondents Counsel for the petitioner: Sri B.Purushothama Reddy Counsel for the respondents: AGP for Prohibition and Excise for R.1 to R.3. Smt.G.Jhansi for R.4. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in proposing to grant a license for Bar and Restaurant in respect of premises bearing No.42-3-9, Ramakrishnapuram Residential Colony, Vijayawada, as illegal and arbitrary. The petitioner claims to be a Corporator of Vijayawada Municipal Corporation and President of Ramakrishnapuram Residents Welfare Association, Vijayawada. The grievance of the petitioner in this Writ Petition is, without regard to the fact that the premises, in respect of which the respondents are seeking to issue license for running a bar and restaurant, is in a residential locality and running of a bar and restaurant in such a locality causes severe hardship to the residents of the locality, the respondents are proposing to grant license for a bar and restaurant. On behalf of respondents 1 to 3 respondent No.3 filed a counter-affidavit, wherein it is, inter alia, averred that one Sri Mahadevu Hariprasad, S/o.Ramarao of Vijayawada filed an application in Form 1-A before respondent No.1 for grant of prior clearance for running a bar and restaurant at the premises in question, which was forwarded to respondent No.2 for enquiry and submitting a report; that respondent No.2, in turn, instructed respondent No.3 to hold an enquiry and report; and that, in the mean time, the residents of Ramakrishnapuram filed an objection petition. It is further stated that a detailed enquiry was conducted by the Station House Officer, Vijayawada West, Prohibition and Excise Station, during which it was found that the premises is located on the main road of Vijayawada and Nuzvid in a commercial area with number of commercial establishments, including a restaurant and bar, by name, M/s. Sridevi Restaurant and Bar at Door No.42-3- 2; and that the said enquiry report, along with the recommendations of respondent No.2, was submitted to respondent No.1. It is not in dispute that respondent No.1 is the competent authority to grant prior clearance. Before granting such prior clearance, respondent No.1 shall consider all the relevant aspects and only after being satisfied that location of the proposed bar and restaurant conforms to the requirements of Rule 6 of the A.P. Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2005, he shall grant prior clearance. Inasmuch as the application for grant of prior clearance is pending before respondent No.1, it is premature for this Court to pronounce upon the objections raised by the petitioner. Respondent No.1, being the competent authority, is bound to consider the objections raised by the local residents and take a final decision in the light of the said objections and the reports submitted by his subordinate officers. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.1 to consider the objections raised by the local residents before granting prior clearance for establishing a bar and restaurant in premises bearing No.42-3-9 of Ramakrishnapuram Residential Colony, Vijayawada. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:11-3-2010 MNR