HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14819 of 2010 Dated: 21-07-2010 Between: P.Nadipi Reddy …Petitioner AND The Commissioner of Prohibition & Excise, Opp.B.J.P. Office, M.J.Road, Hyderabad & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14819 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) By means of filing this writ petition in the form of Public Interest Litigation, petitioner seeks a writ of mandamus to declare the action of the respondents in seeking to grant permission to the 6th respondent to establish/open a new wine shop/bar at Door No.14-2-169, Pasuparthi Building, near Gandhi Circle & RTC Busstand, Tirupathi as arbitrary, illegal and contrary to the provisions of A.P. Excise Act and the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005. It is contended that the wine shop proposed to be established by one M.Suresh Kumar, who is now impleaded as sixth respondent in W.P.M.P.No.21175 of 2010 is contrary to the rules framed under the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 since the premises in which the shop is proposed to be established is situated within 100 metres from Tallapaka Pedda Gangamma Temple. To substantiate the plea of the petitioner, certificate issued by the Town Surveyor, Municipal Corporation, Tirupathi, dated 22.6.2010 is filed as Ex.P.2, wherein the distance between the temple and the premises in which the wine shop is proposed to be established is shown as 85 metres. Whereas, the implead party-6th respondent also filed a certificate issued by the very same Town Surveyor, Municipal Corporation, Tirupathi, dated 23.6.2010 wherein the distance between the temple and the premises in which the wine shop is proposed to be established was shown as 100 metres. Be that as it may. The proceedings issued by the Prohibition and Excise Superintendent, Tirupati in R.C.No.368/2010/A, dated 6.7.2010 filed by the 6th respondent discloses that upon the objection made by one Y.S.Narendra Babu stating that the proposed premises in Pasuparthi Building is within 100 metres distance of Peddagangamma Temple, the Assistant Prohibition and Excise Superintendent, Tirupati measured the distance and reported that the distance between the Temple and the premises at Door No.14-2-169 is 100.8 metres. Whereas, as per the inspection made by the S.H.O., Tirupati Urban Police Station, the premises was found to be within 100 metres from the temple. Therefore, in view of the variation between the above two measurements, the Prohibition and Excise Superintendent, Tirupati requested the Deputy Commissioner of Prohibition and Excise, Chittoor to depute an independent Officer for enquiry and measurement of the distance. Accordingly, the Assistant Prohibition & Excise Superintendent, Chittoor reported that he had inspected the premises on 2.7.2010 as per the directions and that the distance between the mid point of the entrance of proposed premises (Door No.14-2-169) and the temple is 100.5 metres. However, having regard to the filing of the present writ petition by the petitioner, to avoid the controversy, the Prohibition and Excise Superintendent, Tirupati in compliance of Rule 27 of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of License) Rules, 2005, directed the 6th respondent herein to select another suitable premises and to submit the said proposal through the S.H.O., Tirpuati Urban Police Station for grant of A.4 shop licence. In view of the proceedings issued by the Prohibition and Excise Superintendent, Tirupati in R.C.No.368/2010/A, dated 6.7.2010 and as the 6th respondent was called upon to select alternative premises for grant of licence, no further cause survives for adjudication in this writ petition. The writ petition is accordingly dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ JULY 21, 2010 K.C. BHANU, J. Tsr.