IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26079 of 2008 Between: 1 B. Sudhakar S/o. Narayana R/o. Warangal, Licencee of M/s. Venkateswara Restaurant & Bar, H.No. 16-7-32/1, Warangal, Warangal Dist. 2 M. Naveen Kumar S/o. Narsingh Lal R/o. Warangal, Licencee of M/s. Rudrakshini Restaurant & Bar at H.No. 16-7-29, Opp. Warangal Bus Stand, Warangal, Warangal Dist. .... PETITIONER(S) AND 1 The Commissioner Prohibition & Excise Nampally, Hyderabad. 2 The Deputy Commissioner Prohibition & Excise Warangal Division at Warangal. 3 The Prohibition & Excise Superintendent at Warangal. 4 B. Srinivas S/o. Rajaveer Chowrastha, Warangal, Warangal Dist. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in seeking to consider the proposal of the 4th respondent submitted for shifting the A4 licence from existing premises at Division No.21, which is notified pursuant to the gazette notification dt. 6-6-2008 to un-notified area in 5th Division at Municipal Complex shutter No.1 or House No. 16-7-31, Warangal without considering the objections of the petitioners recorded on 22- 11-2008 and further objections filed on 26-11-2008, as arbitrary, illegal, unjust, contrary to law, in violation of the fundamental rights guaranteed under Art. 14 and 21 of the Constitution of India, apart from being void ab-initio. Counsel for the Petitioner:MR.A.RAVINDER Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26079 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus, declaring the action of the respondents in seeking to consider the proposal of the 4th respondent for shifting the A4 licence from existing premises at Division No.21, which is notified pursuant to the gazette notification dt. 6-6-2008 to un-notified area in 5th Division at Municipal Complex shutter No.1 or House No. 16-7-31, Warangal without considering the objections of the petitioners recorded on 22-11-2008 and further objections filed on 26-11-2008, as arbitrary, illegal and violative of principles of natural justice. It appears, petitioners are the Form 2B Licence Holders under A.P. Excise Rules, 2005 of 5th Division of Warangal Town. The grievance of the petitioners seems to be that the fourth respondent who is a A4 licence holder of 21st Division of Warangal Town has applied for shifting of his shop from existing premises at Division No.21 to un-notified area in 5th Division at Municipal Complex shutter No.1 or House No. 16-7-31, Warangal and the said request of fourth respondent is under consideration. According to the petitioners, they have filed objections for the said shifting and the respondents without considering the same, are proposing to consider the case of fourth respondent for shifting of A4 licence from 21st Division to 5th Division. In view of the above, without expressing any opinion on merits, the first respondent is directed to consider the objections purported to have been filed by the petitioners on 22.11.2008 and 26.11.2008 as to shifting of A4 licence held by fourth respondent from the existing premises at Division No.21 to 5th Division at Municipal Complex shutter No.1 or House No. 16-7-31, Warangal while considering the case of fourth respondent. The respondents, without considering the objections filed by the petitioners, shall not take any final decision in the matter. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 27.11.2008 Note: Operative portion by wire at party’s costs. B/o DA THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.26079 of 2008 27.11.2008