IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.6322 of 2009 Between: 1 Boyapati Narayana Swamy S/o. B. Lakshmanna R/o. Karutlapalli Village, Kuderu Mandal, Ananthapur Dist. 2 Boyapati Srinivasulu S/o. B. Lakshmanna R/o. Karutlapalli Village, Kuderu Mandal, Ananthapur Dist. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh Rep. by The Chief Election Officer The A.P. State Election Commission, Budha Bhavan, M.G. Road, Secunderabad. 2 The District Election Officer / Collector Ananthapur District Ananthapur. 3 The Special Officer (MCC) O/o. The Special Officer, Uravakonda Asembly Constituency, C/o. Tahsildar Office, Kuderu, Ananthapur District. 4 The Tahsildar Koderu Mandal, Ananthapur District. 5 The Superintendent Excise & Prohibition Ananthapur District, Ananthapur. 6 The Station House Officer Kuderu Police Station Kuderu, Ananthapur District. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, questioning the action of the 3rd Respondent in directing, through notice in B/31/2008-1, dated 18-03-2009, the closure of the petitioners' liquor vending shops or temporary shift the same, i.e., M/s. Sri Sai Wines and M/s. Sri Sangameshwara Wines, situated at Kuderu Village & Mandal, Ananthapur District, until the elections are over, as being illegal, arbitrary and being in violation of the provisions of the Andhra Pradesh Excise Act, 1968 and Andhra Pradesh Excise (Lease of Right of selling by Shop and Conditions of Licence) Rules, 2005, apart from being violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India, and ultra vires of the respondent authorities, as well as a catena of judicial pronouncements of the Hon'ble Supreme Court, as well as this Hon'ble Court, and consequently quash the notice in B/31/2008-1, dated 18-03-2009. Counsel for the Petitioner:MR.D.SESHADRI NAIDU Counsel for the Respondent No.: MR.V.V.PRABHAKARA RAO The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.6322 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Petitioners are the licencees for sale of Indian made Foreign Liquor and Foreign Liquor by shops in Form A-4 under Rule 17 of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short “the Rules”) vide Licence Nos.63/2008-2010 and 64/2008-2010 respectively, both dated 30-06-2008, enabling them to carry on business at the premises bearing Door Nos. 2-134 and 2-248 respectively, situated at Kuderu Village and Town, Ananthapur District, within the specified boundaries for the period from 01-07-2008 to 30-06-2010. While so, the 3rd respondent issued the impugned notices, dated 18-03-2009, directing the petitioners herein to close down their shops or temporarily shift them with the permission of the excise authorities until elections are over, on the ground that the Tahsilar, Kuderu, submitted a report in Rc.No.B/31/2009, dated 16-03-2009, stating that the said shops are situated within the prohibited distance from the southern gate of Zilla Parishad High School, Kuderu, where polling stations are located. Learned counsel for the petitioners submits that the said shops are not situated within the prohibited area and selection of shops was in conformity with the Rules. It is stated that as per Rule 27 of the Rules, the situation of liquor shops is prohibited within 100 metres of an educational institution. It is stated that the petitioners made representations before the licencing authority i.e., The Superintendent, Excise and Prohibition, Ananthapur District-5th respondent on 21-03-2009, pursuant to the impugned notices stating that the situation of their shops was in conformity with the Rules and that they are not situated within the prohibited distance. We are not inclined to express any opinion with regard to the merits of the case, as it is for the Licencing Authority, to consider and dispose of the representations, dated 21-03-2009. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 5th respondent to consider and dispose of the representations, dated 21-03-2009, made by the petitioners, pursuant to the impugned notices of the 3rd respondent, as expeditiously as possible, preferably within a period of one week from the date of receipt of a copy of this order, by making a local inspection in the presence of the petitioners and the Tahsildar, Kuderu, and by measuring the distance between the petitioners’ shops and the Zilla Parishad High School, Kuderu, to verify as to whether the shops are located in accordance with Rule 27 of the Rules. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date: 25-03-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KBJ}