THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.17267 of 2008 ORAL ORDER: This writ petition is ﬁled seeking a declaration that the action of the 3rd respondent/Prohibition and Excise Superintendent, Proddatur in granting 2B licence dated 25.06.2008 in favour of the 6th respondent for running a bar and restaurant contrary to Rule 6(v) (vi) of Andhra Pradesh Excise (Grant of Licence of Selling and by Bar and Conditions of Licence) Rules, 2005 (for short, “the Rules”) as arbitrary and illegal. Though various contentions have been raised by the petitioner assailing the impugned action, it is to be noted that the 6th respondent in his counter aﬃdavit has stated that his lease agreement in respect of the premises in question has expired on 17.08.2008 and, therefore, from 18.08.2008 onwards he is not carrying on his business. The 6th respondent further states that he made an application before the concerned authority for shifting of his bar and restaurant and that application is still pending. Having regard to the fact that the 6th respondent is not running the bar and restaurant in the premises in question, which according to the petitioner is in contravention of Rule 6(v)(vi) of the Rules, no further enquiry is necessary in this writ petition. Accordingly, recording the statement of the 6th respondent, the writ petition is disposed. No costs. 16.09.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17267 of 2008 Between: Yerasu Venkata Subba Reddy, S/o. Sriramulu Reddy, R/o. H.No. 7/256, Holmespeta, Proddatur, Kadapa District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, represented by its Secretary, Prohibition and Excise Dept. Secretariat Buildings, Hyderabad. 2 The Prohibition & Excise Commissioner, Nampally, Hyderabad. 3 The Prohibition & Excise Superintendent, Proddatur, Kadapa District. 4 The Prohibition & Excise Inspector, Proddatur, Kadapa District. 5 The Proddatur Municipality, Rep by its Commissioner, Proddatur, Kadapa District. 6 D. Gurivi Reddy, S/o. Pedday Gurivi Reddy, D.No.7/289 & 290, Holmespeta, Proddatur, Kadapa District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in granting Form 2B license Rc.No. B1/369/2006, dated 25-6-2008 for Bar and Restaurant to the 6th respondent contrary to Rule-6 (V), (vi) of AP Excise (Grant of License of Selling and by Bar and conditions of License) Rules 2005, as illegal arbitrary and contrary to the aforesaid rules and consequently set aside the aforesaid impugned license issued in favour of the 6th respondent and pass Counsel for the Petitioner: Mr. B.SHIVA KUMAR Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: