IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.29187 of 2008 Date: 8th September, 2010 Between: M/s Tinky Bar and Restaurant, Puranapool, Hyderabad, rep. by its Licensee G.Naresh Goud. .. Petitioner And Government of Andhra Pradesh, represented by the Commissioner of Police, Hyderabad City, Hyderabad and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.29187 of 2008 ORAL ORDER: This writ petition is filed being aggrieved by the Memo No.L&O/A- 2/1556/2005 dated 3.5.2008 issued by the Additional Commissioner of Police, Coordination, Hyderabad. It appears, petitioner made an application to the respondents for grant of Police licence for running M/s Tinky Bar and Restaurant at Premises No.13-3-622 to 625, Puranapool, Jiyaguda, Hyderabad. The said application was rejected vide impugned memo dated 3.5.2008 on the ground that as per Rule 29(ii) of A.P. Indian Liquor and Foreign Liquor Rules, 1970, a licence involving consumption of liquor at the premises shall not be granted within 100 metres from an educational institution recognized by the Government, places of public worship such as Temples registered by the Endowments Department, Mosques registered with the Wakf Board, Churches and Hospitals and in the present case, enquiries revealed that Miya Misqh Mosque registered with the Wakf Board is existing at a distance of 39 meters from the proposed Bar and Restaurant. Hence this writ petition. The learned counsel Mr.A.Prabhakar Rao, appearing for petitioner strenuously contended that initially the premises was facing northern side and even the Excise people raised objection for grant of licence. Therefore, by closing northern side, the Bar was opened at southern side and the Excise Department, after conducting inspection, granted licence as per Excise Rules. He further stated that the measurement of distance has to be taken from the middle of the entrance of the proposed Bar and Restaurant and the place of worship. In this case, after having satisfied, the Excise Department has granted valid licence, which is subsisting, and on the basis of which, petitioner approached the Respondents for grant of police licence, but the same was rejected. The respondents seems to have measured the distance between the place of worship (Miya Misqh Mosque) from the northern wall of the building and not from the entrance of the Bar. On the other hand, the learned Government Pleader appearing for respondents stated that the licence was rejected not only on the ground that the proposed Bar and Restaurant is located within 100 meters from the place of worship, but also on the ground of insufficient parking place. It appears, the application was not rejected on the ground that there was no sufficient parking space as submitted by the learned counsel for respondents, since, according to the petitioner, it has provided parking space of 146.46 sq.mtrs. adjacent to the proposed Bar. The application of the petitioner was rejected only on the ground that the proposed Bar and Restaurant is located within the distance of 100 meters from the place of Mosque. Insofar as distance is concerned, the Excise Department has already considered and issued licence. Under those circumstances, the respondents are directed to reconsider the application of the petitioner for the purpose of running M/s Tinky Bar and Restaurant at Premises No.13-3-622 to 625, Puranapool, Jiyaguda, Hyderabad within a period of four weeks from the date of receipt of this order. Till such time, status quo as on today shall be maintained. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 8.9.2010 DA