HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.18450 of 2010 Date : 5-12-2011 Between: Sri Kodanda Ramalayam Seva Sangham, Ranigari Thota, Krishnalanka, Vijayawada .. Petitioner And Prohibition and Excise Superintenent, Vijayawada and another .. Respondents Counsel for petitioner : Sri Sri C. Raghu Counsel for respondent No.1 : Government Pleader for Prohibition and Excise Counsel for respondent No.2 : None appeared The Court made the following: ORDER: This Writ Petition is ﬁled for a mandamus to declare the action of respondent No.1 in permitting respondent No.2 to setup and start a liquor shop in premises bearing No.47-29-45B, Ranigari Thota, Krishnalanka, Vijayawada, as illegal and arbitrary. The ground on which the petitioner sought to prevent respondent No.2 from opening the liquor shop in the above mentioned premises is that the same is situated within the distance of 35 metres of ‘Sri Kodanda Ramalayam’. The learned Government Pleader for Prohibition and Excise, on instructions, submitted that the said temple is an unregistered temple and therefore the prohibition contained in Rule 27 of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short “the Rules”) regarding distance from the religious places of worship, has no application. At the hearing, the learned counsel for the petitioner has not disputed that the temple in question is an unregistered one. In the absence of any prohibition contained under the Rules, respondent No.2 cannot be prevented from locating his liquor shop at the premises in question. For the above mentioned reasons, the Writ Petition is dismissed. As a sequel, WPMP No.23293/2010 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 5-12-2011 AM