IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY , THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WP .NO:18092 of 2010 Between: Shaik HussainS/o.Shaik Nanne Saheb R/o.H.No.13-1-295, Police Quarters lane,,Macherla, Guntur District, Licensee of M/s. Ajantha Bar & Restaurant. . ..... Petitioner AND 1 The Commissioner, Prohibition & Excise, Nampally, Hyderabad. 2 Deputy Commissioner, Prohibition & Excise, Guntur, Guntur District. 3 The Superintendent, Prohibition & Excise,Narasaraopet, Guntur District. 4. Yenamadala Venkatramaiah s/o.Thirupathi Swamy ,Principal, r/o.D.No.13-1- 163, Railway Station Road, Macherla, Guntur District. 5. Dunna Immanuel s/o.Somaiah, r/o.D.No. 15-2-113, 1st Line Macherla, Guntur District. 6. Tirumalasetty Sagar Babu s/o. Venkateswarlu, r/o. 13th Ward, Macherla, Guntur District. (Respondents 4 to 6 are impleaded as per court order dt. 27-7-2010 in WPMP.No. 24117/2010) .....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 issue a writ of Mandamus or any other appropriate writ or order or direction declaring the action of the Respondents in measuring the distance through Vengamamba Complex instead of measuring from the Petitioner's Bar & Restaurant to the entrance of Krishna Veni Junior College facing the Nannaya Road as was measured in the year 2007-2008, 2008- 2009 and 2009-2010 as arbitrary, illegal and unconstitutional; The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High court dated 27-07-2010 made in WPMP. No. 22854 of 2010 and upon hearing the arguments of SRI K.SURESH REDDY Advocate for the Petitioner and of the Govt. Pleader for Prohibition and Excise for the respondents 1 to 3, and of Sri V.Ravinder Rao Advocate for the respondents 4 to 6, the Court made the following: ORDER: It is submitted that pursuant to the orders of this Court, dated 27.07.2010, the license of the petitioner-bar was already renewed for the Excise Year 2010-11. It is the case of the impleaded parties that no exercise was taken up for measuring the distance, as directed by this Court, and without undertaking such exercise, license is granted. It is also the case of respondent No.3 that there are three entries to the complex, in which, the college is being run, as such, the nearest gate/entry is to be taken into consideration for the purpose of measuring the distance limit. -2- The Superintendent of Prohibition and Excise, Narsaraopet, to file additional affidavit, explaining the steps taken by respondents consequent upon the directions issued by this Court, and how the distance limits are taken into consideration for grant of license in favour of the writ petitioner. Post on 30.11.2010 at 2.15 p.m. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Commissioner, Prohibition & Excise, Nampally, Hyderabad. 2 The Deputy Commissioner, Prohibition & Excise, Guntur, Guntur District. 3 The Superintendent, Prohibition & Excise,Narasaraopet, Guntur District. (BY SPEED POST/RPAD) 4. Yenamadala Venkatramaiah s/o.Thirupathi Swamy ,Principal, r/o.D.No.13-1- 163, Railway Station Road, Macherla, Guntur District. 5. Dunna Immanuel s/o.Somaiah, r/o.D.No. 15-2-113, 1st Line Macherla, Guntur District. 6. Tirumalasetty Sagar Babu s/o. Venkateswarlu, r/o. 13th Ward, Macherla, Guntur District. ( 1,2 and 4 to 6 by RPAD) 7.2 CCs to the G.P.for Proh. &Excise, High court of A.P.Hyd. (BY SPL. MESSENGER ) 8.One C.C.to Sri K.Suresh Reddy Advocate (OPUC) 9.One C.C.to Sri V.Ravinder Rao Advocate (OPUC) 10.one spare copy. Bsr HIGH COURT RSR.J DATED 23-11-2010 POST ON 30-11-2010 AT 2.15 P.M. ORDER W.P.NO. 18092 OF 2010 DIRECTION Bsr Dt. 24-11-2010 HIGH COURT RSR.J DATED 23-11-2010 POST ON 30-11-2010 AT 2.15 P.M. ORDER W.P.NO. 18092 OF 2010 DIRECTION