HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 25495 of 2008 Oral order: Aggrieved by the show cause notice dated 07.11.2008, issued by the 1st respondent, calling upon the petitioner to shift the Bar and Restaurant to a suitable place within 15 days from the days of its receipt, he filed the present writ petition. According to the petitioner, since his licence to run the bar and restaurant was renewed before the amended Rules issued by the Government in G.O. Ms. No. 1509, dated 13.10.2006, came into force, the same cannot made applicable to his case, and based on the amended Rule 6, the distance between the bar and restaurant and the educational institution, cannot be measured, so as to come to a conclusion that the distance between the school and the bar and restaurant is less than 50 metres, thereby making him liable to shift the bar and restaurant to a suitable place. Hence, he prayed that the impugned show cause notice be set aside and the writ petition be allowed. The official respondent Nos. 1 to 3 and the unofficial respondent No.4-school filed vacate stay petitions supported by counter affidavits. The learned Assistant Government Pleader for Excise and Prohibition and the learned counsel for respondent No.4-school, reiterating the counter averments submitted that at the time when the bar and restaurant licence of the petitioner was granted and renewed, there was a road divider between the bar and restaurant of the petitioner and respondent No.4-school, and the distance between the two was measured as provided in Rule 6, and upon satisfying that the distance between the two was not less than the prescribed distance, effected the renewal. On a complaint made that a road divider was erected illegally in the middle of the road, a crime was registered, and thereafter, the divider was removed. After removal of the divider, the distance between the bar and restaurant of the petitioner and respondent No.4-school got reduced to 60 metres, which is less than the distance prescribed, and therefore, they have issued the impugned show cause notice, directing the petitioner to shift the bar and restaurant to a suitable place, and no exception can be taken thereto. Even though the above submissions were advanced, however, all the counsel agreed for disposal of the writ petition with the following directions: The petitioner is directed to submit his explanation to the impugned show cause notice within a period of one week from the date of receipt of a copy of this order. On such submission, the official respondent No.1, shall consider the explanation and pass appropriate speaking orders thereon, in accordance with law, expeditiously. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 2nd March, 2009 Note: Issue CC by tomorrow. (B/o) KSR