IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20761 of 2008 Between: K. Rama Rao, S/o. Swamy Rao, Licensee Of M/s. Kumar Wines, Door No. 6/998/B, Ward No.32, Masthan pet, Guntakal Town, Anantapur District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by Commissioner of Prohibition And Excise, Hyderabad. 2 The Deputy Commissioner of Prohibition And Excise, Anantapur, Anantapur District. 3 The Prohibition and Excise Superintendent, Anantapur, Anantapur 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 will be pleased to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the order of the 3rd Respondent issued in Rc.No. 266/2008/D2 dated 18-08- 2008 as illegal, arbitrary and one without authority and consequently direct the 3rd respondent to forward the representation dated 18-07-2008 of the Petitioner along with the report of the Prohibition and Excise Inspector, Guntakal in Rc.No. 17/2008 dated 18-07-2008 to the 1st Respondent for consideration of shifting of the Petitioner's Shop from Ward No. 32 to Ward No.9 of Guntakal Municipality, Guntakal, Anantapur District and further direct the 1st Respondent to pass orders under Rule 29(3) of the A.P. Excise (Lease of right of selling by shop and conditions of license) Rules, 2005. Counsel for the Petitioner : MR. O.MANOHER REDDY Counsel for the Respondents : GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.20761 OF 2008 ORDER : This writ petition is ﬁled seeking a declaration that the order passed by the 3rd respondent – Prohibition & Excise Superintendent, Ananthapur, Ananthapur District – dated 18.08.2008 with regard to shifting of the licensed premises of M/s. Kumar Wines, Guntakal in premises bearing Door No. 6/998-B, Ward No.32, Guntakal Municipality as arbitrary and illegal. It is primarily contended by the petitioner that since under clause 29(3) of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short, ‘the Rules’) the Commissioner of Prohibition & Excise is competent authority for according permission for shifting of the licensed premises, the impugned order passed by the 3rd respondent is arbitrary and illegal. The learned Government Pleader for Prohibition & Excise could not dispute the fact that the 3rd respondent is not competent to take a decision with regard to shifting of the licensed premises under the provisions of the Rules, however submitted that the impugned proceedings is nothing but a report submitted by the 3rd respondent with regard to factual position. Be that as it may, since it is clear that under Rule 29 (3) of the Rules the Commissioner of Prohibition & Excise alone is competent to grant permission for shifting of the licensed premises, the Writ Petition is disposed of with a direction to the 1st respondent to consider the request of the petitioner for shifting of the petitioner’s licensed premises, without treating the proceedings of the 3rd respondent dated 18.8.2008 as conclusive, and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of three weeks from the date of receipt of this order. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 29.09.2008 gbs Note:- CC in 2 days. (B/O) gbs