HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO :1055 of 2008 Dated 24th Day of January, 2008 Between Anantha Satyanarayana …Petitioner and The Commissioner of Prohibition & Excise, Nampally, Hyderabad, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1055 of 2008 ORDER: This Writ Petition is filed seeking Writ of Mandamus to declare the action of the respondents in not issuing bar licence in Form 2-B as per the Rules framed in the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005. Grant of licence to run bar & restaurant is governed by the statutory Rules, i.e. The Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005, framed under Section 72 of the Andhra Pradesh Excise Act, 1968. Before grant of licence in Form.2-B, there is a requirement of obtaining clearance from the Commissioner, Prohibition & Excise, in Form.2-A as per Rule 5 of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005. Even according to the petitioner, at the first instance, he has submitted application on 9-1-2008 seeking licence to run Bar & Restaurant at Door No.39, Bye-pass road, Nandigama, Krishna district. The Commissioner, Prohibition & Excise, first respondent herein, by his proceedings in Cr.No.350/08/CPE/M1, dated 10-1-2008 called for a report from the Deputy Commissioner, Prohibition & Excise, Vijayawada. By referring the said proceedings, the Deputy Commissioner, by his proceedings dated 13-1-2008 called for a detailed report from the Superintendent, Prohibition & Excise, Vijayawada, who in turn, directed the Station House Officer, Nandigama to enquire on the application of the petitioner to take further action. It is the grievance of the petitioner that his application for grant of licence to run bar & restaurant is being delayed at the instance of the existing licence holder. There is no basis for the apprehension of the petitioner, as much as, from the date of filing of the application by him, on 9-1-2008, steps are being taken by the first and second respondents. In any event, as the application is filed only on 9-1-2008 and proceedings are pending, and, as yet no clearance is granted to the petitioner in Form.2-A as contemplated under the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005, I dispose of the Writ Petition directing the respondents to expedite the proceedings and to dispose of the application of the petitioner dated 9-1-2008 for grant of clearance in Form.2-A as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 24-1-2008 Note: CC in two days. (BO) Msnr.