IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3121 of 2009 Between: M. Ratna Kumar S/o. Pandu Ranga Rao R/o. Krishna Lanka, Vijayawada, Krishna District, A.P. ..... PETITIONER AND 1 The Commissioner (Prohibition & Excise), at Hyderabad, A.P. 2 The Superintendent (Prohibition & Excise), at Vijayawada, Krishna District, A.P. 3 A. Krishna Kishore, R/o. H.No.74-15-4, Yanamalakuduru Road, Krishnanagar, Vijayawada. .....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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the 1st respondent taking steps for granting the licence to the 3rd respondent herein to run bar and restaurant in the premises at D.No.74-15-4 in Krishnanagar, Yenamalakuduru Road, Vijayawada is bad, arbitrary, illegal, unjust and unreasonable and also contrary to rules and regulations and consequently direct the respondent No.1 not to grant any licence to the 3rd respondent herein to run bar and restaurant in the above said premises and pass such other order or orders. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.3121 of 2009 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the official respondents. According to the petitioner, he has been running a wine shop in the name and style of M/s. Geeta Wines at the premises bearing D.No.74-15-3 at Krishnanagar, Vijayawada, having obtained license from the competent authority. It is his case that the 3rd respondent applied to the official respondents for grant of 2B license to run a bar and restaurant in the name and style of M/s. Blue Leaves Bar and Restaurant at the premises bearing D.No.74-15-4, which is adjacent to the shop of the petitioner, and, on coming to know that the said application is going to be considered, the petitioner submitted a representation to the 1st respondent- Commissioner of Prohibition & Excise, A.P., Hyderabad, on 09-02-2009, stating that he invested huge amounts in the business and if the 3rd respondent establishes a bar and restaurant in the aforesaid premises, which is adjacent to his shop, his business will be affected and he will be put to loss. The grievance of the petitioner is that without considering the said representation and without passing any orders thereon, the 1st respondent is going to issue license to the 3rd respondent and, therefore, he seeks directions to the 1st respondent not to grant any license to the 3rd respondent to run a bar and restaurant in the premises referred to above. Learned Government Pleader for Prohibition and Excise appearing for the official respondents contends that there is no bar or prohibition for the 3rd respondent establishing a bar and restaurant nearby to the petitioner’s premises. In the circumstances, this Court cannot give a positive direction to the official respondents not to grant license to the 3rd respondent to run a bar and restaurant at the premises adjacent to the petitioner’s premises. However, according to the petitioner, he submitted a representation dated 09-02-2009 to the 1st respondent, ventilating all his grievances, but no orders have been passed thereon till date, and the learned counsel for the petitioner prays for a direction to the 1st respondent to dispose of the said representation. In view of the above, if there is any such representation dated 09-02-2009 submitted by the petitioner to the 1st respondent, the 1st respondent is directed to consider the same and pass appropriate orders in accordance with law, as expeditiously as possible. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE N.V. RAMANA 18th February, 2009 IBL