IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 398 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/03/2009 in W.V.M.P. NO.555 OF 2009 in W.P.M.P.No.4052 of 2009 in WP No : 3127 OF 2009 on the file of the High Court.) Between: 1 M/s. Sri Siva Restaurant & Bar (A Proprietary Concern) Rep. by its Prop. P. Yella Reddy S/o. Narayana Reddy R/o. D.No. 5-260, 261, 264, 264-1, Anjaneyaswamyvari Temple Street, Kotagadda Street (Trunk Road), Kadapa KadapaDist. ..... APPELLANT AND 1 Dr. S. Venkata Chari S/o. Narayana Chari R/o. Near ITI Circle, Kadapa Town Kadapa District. 2 Smt. Meda Saraswathi W/o. Janardhan, R/o. D.No. 5/271, Brahmin Street, Kadapa town, Kadapa District. 3 The State of Andhra Pradesh Rep. by its Principal Secretary, Prohibition & Excise Dept., Secretariat Buildings, Hyderabad. 4 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Nampally, Hyderabad. 5 The Deputy Commissioner of Prohibition & Excise, Chittoor, Chittoor District. 6 The Superintendent of Excise, Kadapa, Kadapa District. 7 The Municipal Corporation of Kadapa Rep. by its Commissioner, Kadapa, Kadapa District. .....RESPONDENTs Counsel for the Appellant:MR. Y.VENKATA SATYAM Counsel for the Respondent No.: MR. P.ROY REDDY The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.398 OF 2009 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed by the appellant against the order of the learned single Judge passed in W.V.M.P.No.555 of 2009 in W.P.M.P.No.4052 of 2009 in W.P.No.3127 of 2009 on 17-03-2009. Appellant herein is the 6th respondent and respondents 1 and 2 are the writ petitioners and respondents 3 to 5 herein are the respondents in WVMP No.555 of 2009. Respondents-1 and 2 who are the writ petitioners, filed the writ petition seeking to declare the action of the official respondents in pemitting the 6th respondent to establish a Bar in the premises bearing Door Nos.5/260, 261, 264 and 264/1, Anjaneyaswami vari temple street, Trunk road, Kadapa as illegal and arbitrary and to direct the respondents to refrain from doing so. Along with the said writ petition, the writ petitioners also filed W.P.M.P.4052 of 2009. While entertaining the said W.P.M.P., the learned single Judge has passed the following order: “Taking into consideration the facts and circumstances of the case, the official respondents are directed not to grant any licence to the 6th respondent to run the Bar until further orders.” Having aggrieved by the same, the 6th respondent-appellant herein filed WVMP No.555 of 2009 seeking to vacate the interim order of this Court granted on 18-2-2009 made in WPMP.No.4052 of 2009 in W.P.No.3127 of 2009. The learned single Judge having observed that the writ petition in W.P.No.1581 of 2009 filed by the writ petitioners in which the very same issue is involved is already directed to be listed for final hearing, directed to post the main writ petition in W.P.No.3127 of 2009 for final hearing on 23-4-2009 along with connected W.P.No.1581 of 2009 while making the interim order granted on 18- 02-2009 in WPMP.No.4052 of 2009 absolute. Having aggrieved by the same, the present writ appeal is preferred by the 6th respondent-appellant. Heard the learned counsel and perused the entire material available on record. Before going into the merits of the case, it is to be noted that the relief in question is the main issue in the writ petition, which is directed to be posted to 23.4.2009 along with the connected writ petition by the learned single Judge. If any opinion is expressed in this appeal as to the right or otherwise of the 6th respondent- appellant, it may touch the very merits of the main writ petition. Therefore, We feel that the learned single Judge has rightly posted the writ petition along with the connected writ petition on 23.4.2009 for final hearing. We see no merits in this appeal and consequently, the same is liable to be dismissed. Accordingly, this writ appeal is dismissed. No costs. However, Registry is directed to post the present writ petition along with the connection writ petition on 23.4.2009 at the top of the list. _____________________________ Justice T. MEENA KUMARI __________________________________ Justice VILAS V. AFZULPURKAR Dated 30th March, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.No.398 OF 2009 (Judgment of the Division Bench delivered by Smt.Justice T.Meena Kumari) Dated 30th March, 2009.