THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15036 of 2009 ORDER: 1. This Writ Petition, under Article 226 of the Constitution of India, is filed challenging the endorsement dated 16.07.2009 issued by the second respondent while rejecting the petitioner’s application for grant of trade licence for establishing Bar and Restaurant, as illegal and arbitrary. 2. It is stated by the petitioner that the second respondent has not considered his application in accordance with law, and that, insofar as the restaurant is concerned, the petitioner had already obtained sanitary certificate from the Food Inspector and Licensing Authority, and that insofar as Bar is concerned, the petitioner had already complied all statutory stipulations and applied for licence. 3. A detailed counter affidavit has been filed by the second respondent contending, inter alia, that the request of the petitioner was rejected at the stage of making application for lack of facilities and for non-compliance of the objections raised by the residents of that area. It is also stated that high speed vehicles would ply in the route and so if dangerous trade like intoxicants, is allowed in the area, it would lead to drunken driving and may cause road accidents. 4. The rejection of the application is on the following grounds. i) the rooms do not have a separate kitchen; ii) kitchen and other rooms have not been fixed with exhaust fans; iii) no facility for separate toilets and latrines for men and women is provided; iv) no objection letter from the neighbourers is enclosed; and lastly, v) public health point of view, it would cause inconvenience to public. 5. Coming to the first and third objections taken by the second respondent, it is not in dispute before this court that the Deputy Commissioner of Prohibition and Excise, Kadapa inspected the premises and submitted report in Rc.No.113/2009- A2, dated 4.8.2009 to the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad, wherein it is it is stated that kitchen room is there for the purpose of cooking and serving food and that the facility for toilets separately for ladies and gents is available. 6. The other objection that no objection letter from the neighbourers is enclosed, may not arise in view of the fact that the proposed Bar and Restaurant is not situated in a residential locality. Further, when a Bar and Restaurant was already in existence for the year 2008-09 near the vicinity of the present proposed Bar and Restaurant and the same had not caused any inconvenience to the public, rejection of the petitioner’s request on the ground that from the public health point of view, it would cause inconvenience to public, is unsustainable. 7. It is also stated in the said report that the distance between the nearest shops i.e. M/s. Sunil Wines and M/s. Sai Wines from the newly proposed Bar premises is more than 200 meters, and that the proposed Bar is 100 meters away from the Schools, Hospitals, Temples, Churches, etc. It is also clear from the report that M/s. Menaka Restaurant and Bar, Rajampet, which functioned for the year 2008-09 could not come forward to renew its Bar and Restaurant licence and therefore no Bar and Restaurant is functioning for the lease year 2009-2010 in Rajampet municipality. 8. The Writ Petition is, accordingly, disposed of setting aside the endorsement dated 16.7.2009 given by the second respondent and directing the second respondent to reconsider the application of the petitioner for grant of trade licence for establishing Bar and Restaurant by visiting the proposed premises and verifying whether separate kitchen room is provided and whether exhaust fans are fixed to kitchen and other rooms, and whether facility for separate toilets for men and women is provided. If the above conditions are fulfilled, then the second respondent shall take appropriate decision in accordance with law. No costs. ---------------------- (K.C.Bhanu, J.) 23.9.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15036 of 2009 Date: 23.9.2009 Between: N.Narasimhulu Naidu, s/o. Subbarayudu …Petitioner And Government of Andhra Pradesh, rep. by Principal Secretary, Department of Municipal Admn., Hyderabad & others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 15036 of 2009 23.9.2009