IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5783 of 2008 Between: M/s. Vijayalakshmi Bar and Restaurant, Avanigadda Rep. by its Proprietor M. Nageswara Rao, Age 67 Years, R/o. Avanigadda Village & Mandal, Krishna District. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad. 2 The Deputy Commissioner of Prohibition and Excise, Krishna District at Vijayawada. 3 The Superintendent of Prohibition and Excise, Machilipatnam, Krishna District. .....RESPONDENTS Counsel for the Petitioner: MR.GADE VENKATESWARA RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE Order: This Writ Petition is filed for a writ of Mandamus to declare the inaction of the respondents in granting Form 2-B license in favour of the petitioner to run Bar and Restaurant in Avanigadda, as illegal and arbitrary. The petitioner also sought for a direction to the respondents to grant license for the above-mentioned purpose. Heard Sri Gade Venkateswara Rao, learned Counsel for the petitioner, and learned Assistant Government Pleader for Prohibition and Excise. The petitioner made an application on 12-07-2007 in Form 1-A to respondent No.1, seeking appropriate clearance for establishment of Bar and Restaurant in the name and style of M/s.Vijaya Lakshmi Bar and Restaurant, by paying a challan for Rs.1,000/- under Rule 5(1) of the Bar Rules, 2005. Respondent No.1 vide his proceedings dated 13-07-2007, granted prior clearance for establishing a Bar and Restaurant in Avanigadda, which is notified as one of the tourism areas in G.O.Ms.No.5, Youth, Advancement, Tourism and Culture (Tourism) Department, dated 18-12-1998. Subsequently, the petitioner applied to respondent No.2 for granting Form 2-B license. At that stage, some of the existing licensees filed W.P.No.15669 of 2007 in this Court. This Court granted an order of status quo in the said Writ Petition on 26-07- 2007, and subsequently, dismissed the said Writ Petition by order dated 07-02-2008 by holding that Avanigadda is one of the tourism areas notified by the State of Andhra Pradesh, and that the restrictions contained in G.O.Ms.No.997, dated 20-05-2005, for establishment of bar, do not apply to the said area. It appears that a Writ Appeal, filed by the petitioners in the said Writ Petition, has been admitted by a Division Bench, but their stay application was dismissed. The grievance of the petitioner is that though the above mentioned Writ Petition was dismissed, and the stay application in the Writ Appeal filed by the aggrieved parties was also dismissed, the respondents are not taking any steps to grant license to the petitioner for running the Bar and Restaurant. The learned Assistant Government Pleader pointed out from the record that the prior permission, granted by respondent No.1 on 13-07-2007, expired, as the same was issued for a period of 45 days, and hence, the petitioner is required to apply for and obtain a fresh clearance from respondent No.1 and pursuant thereto, respondent No.2 considers his application for granting the license. The learned Counsel for the petitioner invited my attention to the averments in the affidavit, wherein it is stated that petitioner, for the second time, paid Rs.1,000/- for granting prior permission by respondent No.1 He also filed a copy of challan in support thereof. In view of the above facts, the Writ Petition is disposed of directing the respondents to take immediate steps to consider the application of the petitioner for granting form 2-B license to run a Bar and Restaurant at Avanigadda. If the respondents find any deficiencies in the application filed by the petitioner, they shall call upon the petitioner to remove those deficiencies within a period of two weeks from today. On such compliance, the respondents shall grant license without any delay. As a sequel to disposal of the Writ Petition, WPMP.No.7531 of 2008 filed by the petitioner for interim relief is also disposed of as infructuous. _____________________ (C.V.NAGARJUNA REDDY, J) 18-03-2008 Note: Furnish CC in one week. B/o LUR