IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE B. SUDERSHAN REDDY and THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT APPEAL Nos.344, 345, 346 and 347 of 2005 W.A.No.344 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/02/2005 in W.P. No.2749 of 2005 on the file of the High Court.) Between: 1 The Govt. of A.P., Revenue ( Excise.II) Department, Secretariat, Hyderabad. 2 The Commissioner, Proh& Excise, Hyderabad. 3 The Prohibition & Excise Superintendent, Ongole, Prakasam District. ..... APPELLANTS AND 1 A. Hanumantha Rao, S/o. Anjaneyulu, D.No.5-17, Martoor, Prakasam District. 2 K. Venkatarayudu, S/o. Krishnaiah, 45 D.No. 15-136/5/2, Addanki, Prakasam District. 3 A. Rajendra Prasad, S/o. Thandava Krishnaiah, Anantavaram, Ongole, Prakasam District. 4 B. Mohan Rao, S/o. Ramaiah, MOhan Wines, D.No. 8-56, Purchur, Prakasam District. 5 A. Yella Reddy, S/o. Meera Reddy, D.No. 1/98, Chandavaram, Ongole, Prakasam District. 6 Shaik Musamiya, S/o. Isamiya, D.No. 10/187, Donakonda, Prakasam District. 7 Shaik Dayali, S/o. Masthan, Donakonda, Prakasam District. 8 B. Venkatachalapasthi Rao, S/o. Venkata Subba Rao, D.No. 1-63, Kurchedu, Prakasam District. 9 M. Malakonda Reddy, S/o. Malakonda Reddy, Chintalapalem, Prakasam District. 10 M. Venkata Suri Babu, S/o. Aswadha Narayana, D.No. 8/69, Kanigiri, Prakasam District. 11 B. Venkata narayana, S./o. Malakondaiah, D.No. 5-1(a), Kanigiri, Praksasam District. 12 M. Dayakar aReddy, S/o. Papi Reddy, D.No. 7-220 Kanigiri, Prakasam District. 13 M. Bala Hanumanthu, S/o. Anjaiah, D.No. 8-166, Kanigiri, Prakasam District. 14 P. Ramesh, S/o. Pitchaiah, D.No. 2/203, Kanigiri, Prakasam District. 15 M. Malakonda Reddy, S/o. Malakonda Reddy, 47 D.No. 2/203, Kanigiri, Prakasam District. 16 A. Brahmaiah, S/o. Tirupalu, Main Road, Kanigiri, Prakasam District. 17 Shaik Ahmed Basha, S/o. Khajjawali, D.No. 9-142, Kanigiri, Prakasam District. 18 S. Mohan Reddy, \S/o. Venkataiah, D.No. 7/13, Kanigiri, Prakasam District. 19 Sk. Ahmed, S/o. Lal Saheb, Sri Dattasai Towers, Laywerpet, Ongole, Prakasam District. 20 B. V. Subba Rao, S/o. Lakshmaiah, Nellore Bus Stand, Ongole, Prakasam District. 21 Sk. Miravali, S/o. Hussain Saheb, Medarametla, Prakasam District. 22 K. Sudhir Babu, S/o. Nageswara Rao, M/s. Ramathirtham, Chimakurthy Mandal, Prakasam District. 23 Kulwanth singh Mehra, S/o. Swarna Singh Mehra, Kalyani Wines, Gullapalem, Maddipadu Mandal, Prakasam District. 24 M. Narasimha, S/o. Hanumantha Rao, M/s. Venkateswara Wines, Maddipadu, Maddipadu(M), Prakasam District. 25 P. Prasad, S/o. Malkondaiah, M/s. Srinivasa Wines, Kurnool Road, Near Vijaya Co. Ongole, Prakasam district. 26 V. Venkateswarlu, S/o. Ramachandraiah, M/s. Sri Venkataramana Wines, Ongole, Prakasam District. 27 M. Rajendra Kumar, S/o. Nagaraju, M/s. Hanuman Wines, Srinivass Sridevi Theatre Road, Ongole, Prakasam District. 28 M. Srinivasa Rao, S/o. Malyadri Naidu, M/s. Sri Venkateswara Wines, RTC Depot, Kurnool road, Ongole, Prakasam District. 29 Alla Venkataswami, S/o. Pochaiah, M/s. Bhavani Wines, Opp: RTC Depot, Ongole, Prakasam District. 30 V. Srimannarayana, S/o. Chenchuramaiah, M/s. Jyothi Wines, Nellore Bus Stand, Ongole, Praksam District. 31 G. Suresh, M/s. Sri sai Hanuman Wines, Bye Pass Centre, Ongole, Prakasam District. 32 Y. Nageswara Rao, s/o. Subbaiah, M/s. Vengamamba Wines, Palakendram Centre, Pernamitta, S.N. Padu Mandal, Prakasam District. 33 K. Sudhakar, s/o. Krishna Murthy, M/s. Sri Ganapathi Wines, Yerrajarla, Ongole Mandal, Prakasam District. 34 G. Venkat Rao, S/o. Rangaiah, M/s. Sri Ganapathi Wines, Yerrjarla, Ongole Mandal, Prakasam District. 35 P. Krishna Murthy, S/o. Chinthaiah, M/s/ Sri Raja Rajeswari Wines, M Nidamaluru, Tangutur Mandal, Prakasam District. 36 G. Hari, S/o. Narasimham, M/s. Lakshmi Narasimha Wines, Konjedu, Tangutur Mandal, Prakasam District. 37 P. Chinthaiah, S/o. Krishna Murthy, M/s. Laxmi Tirupathamma Wines, IOC Centre, Tangutur Mandal, Prakasam District. 38 B. Chandrababu, S/o. Kotaiah, Dalhpine wines, Nellore Bus Stand, Ongole. 39 M. Venkatarao, S/o. Krishna Murthy, M/s. Suresh Wines, Railway Station Centre, Ongole, Prakasam Distrit. 40 J. Brahmaiah, S/o. Narayana, M/s. Tirumala Wines, Addanki bus Sand Cenre, Ongole, Prakasam District. 41 M. Rajendra Prasad, S/o. Kondal Rao, M/s. Sri Kanakamahalakshmi wines, K.P. Bus Stand, Ongole, Prakasam District. 42 M. Annapurana, W/o. Venkat rao, M/s. Sri Venkateswara Wines, Kadavakuduru, Chinna Ganzam Mandal, Prakasam District. 43 B. Haribabu, S/o. Ramalingaiah, M/s. Prakash Wines, Nav Bharat Theatre Centre, Ongole, Prakasam District. 44 K. Ram Babu, S/o. Papa Rao, M/s. K.P. Wines, Miryala Palem Centre, Ongole, Prakasam District. 45 P.V. Krishna Rao, S/o. Satyanarayana, M/s. S.V.S. wines, Edugundla Padu, Maddipadu Mandal, Prakasam District. 46 J. Pulla Reddy, S/o. Yella Reddyi, M/s. Painadu wines, Gullapalli, maddipadu Mandal, Prakasam District. 47 M. Venkateswarlu, S/o. Chenchaiah, M/s. Sri Sai Ganga Wines, Yellampalli, Maddipadu Mandal, Pakasam District. 48 L.N.S. bose, S/o. Subbaiah, M/s. Srirama Wines, Addanki bus Centre, Ongole, Prakasam District. 49 G. Srihari, S/o. Venkata Narayana, M/s. Teja Wines, market Centrel, Ongole, Prakasam District. 50 M. Veeraiah Chowdary, S/o. Saryanarayana, M/s. Balaji Wines, Santhanuthalapadu, .N. Padu Mandal, Prakasam District. 51 G. Sanjay, S/o. Nagaraja Naidu, M/s. Teja Wines, Timmayapalem, Addanki Mandal, Prakasam District. 52 K. Anji Babu, S/o. K. Venkataswami, Ammanabrole, N.G.Padu Mandal, Prakasam District. 53 Ch. Veeraiah Chowdary, S/o. Venkateswarlu, Karavadi, Ongole Mandal, Prakasam District. 54 N. Prasada Rao, S/o. Pada Malakondaiah, M/s. Kokila wines, Peda Pavani, Linga Samudram Mandal, Prakasam District. 55 M. Venkatarao, S/o. Yelamandaiah, M/s. Sri Venkateswara Wines, Linga Samudram, Linga Samudram Mandal, Prakasam District. 56 G. Usharani, W/o. Veeraiah, M/s. Sri Sai Wines, S.N. Padu, S.N. Padu mandal, Prakasam District. 57 M. Anjneyulu, S/o. Subbarayudu, M/s. Kalyani Wines, N.G. Padu, N.G. Padu (M), Prakasam District. 58 M. Srinivasa Reddy, S/o. ramana Reddy, M/s. Sri Sai Wines, Pernamitta, S.N. Padu Mandal, Prakasam District. 59 M. Ramana, S/o. Peda Venkata Subba Reddy, M/s. Sairam Wines, S.N. Padu, S.N. Padu, Mandal, Prakasam District. 60 P. Krishna Reddi, S/o. Venkat Reddy, M/s. Raja Rajeswari Wines, Chimakurthy, Chimakurthy Mandal, Prakasam District. .....RESPONDENTS Counsel for the Appellant :THE ADVOCATE GENERAL Counsel for the Respondents : Sri M.BRAHMA REDDY W.A.No.345 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/02/2005 in WP No.2517 of 2005 on the file of the High Court.) Between: 1 Government of A.P., Revenue ( Excise-II) Department, Secretariat, Hyderabad, rep. by its Special Chief Secretary to Government. 2 The Commissioner, Prohibition & Excise, Hyderabad. 3 The Prohibition & Excise Superintendent, Krishna District. 4 The District Collector, Krishna District. ..... APPELLANTS AND 1 Y. Srinivas, ( 436/2000-01) S/o. Radha Krishna Murthy, Aged 39 years, Licencee of Sri Srinivasa Wines, Thotla Valluru, Krishna District. 2 V.V.D.V.N. Prasad, ( 308/98/99), S/o. V.V.Chowdary, Aged 38 years Licencee of Krathi Wines, Kandipadu. 3 A. Jagdish Kumar, ( 58/98/99), S/o. Subash Chandra Bose, 40 years, Licencee of Mithra Wines, Kankipadu, Krishna district. 4 K. Sambasiva Rao,( 257/98-99) S/o. Pardhasarathi, Aged 42 years, Licencee of Surya Wines, Kankipadu. 5 B. Koteswara rao, ( 263/98-99), S/o. Venkateswararao, Aged 35 years, Licencee of Raja Wines, Panadhipadu, Krishna District. .....RESPONDENT(S) Counsel for the Appellant :THE ADVOCATE GENERAL Counsel for the Respondents : Sri A.JAGANNATHA RAO W.A.No.346 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/02/2005 in W.P. No.2512 of 2005 on the file of the High Court.) Between: 1 The Govt. of A.P., Revenue (Excise-II) Department, Secretariat, Hyderabad, rep. by its Special Chief Secretary to Government. 2 The Commissioner of Prohibition of Excise, Hyderabad. 3 The Prohibition and Excise Superintendent, West Godavari District. 4 The District Collector, West Godavari District. ..... APPELLANTS AND 1 Jannu Gopi, S/o. Ramulu (373/98-99), M/s. Vinayaka Wines, Akuveedu Mandal, West Godavari District. 2 B. Lakshmipathi, S/o. Ramakrishna (27/2002-03), M/s. Sri Sai Krishna Wines, Yerragunta, Akuveedu Mandal, West Godavari District. 3 Papaiah Naidu, S/o. Satyanarayana (571/98-99), M/s. Gopikrishna Wines, Akuveedu Mandal, West Godavari District. 4 M. Srinivasulu, W/o. Chinnaiah (644/98-99), M/s. Gayathri Wines, Akuveedu Mandal, West Godavari District. 5 Venkateswar Rao, S/o. Seshagiri Rao (26/2002-03), M/s. Venu Wines, Apparaopet, Akuveedu Mandal, West Godavari District. 6 P.V. Subbaraju, S/o. Radhakrishna Raju (26/01-02) M/s. Silpa Wines, Dumpagadapa, Akuveedu Mandal, West Godavari District. 7 M. Subba Rao, S/o. Satyanarayana (137/98-99), M/s. Shilpa Wines, Dumpagadapa, Akuveedu Mandal, West Godavari District. 8 V. Srirangaraju, S/o. Subbaraju (38/98-99), M/s. Balaji Wines, I. Bheemavaram, Akuveedu Mandal, West Godavari District. 9 K. Rama Appa Rao, S/o. Kolli Lakshmaiah (25/01-02), Sudha Wines, Akuveedu Mandal, West Godavari District. 10 Maheswara Rao, S/o. Anjaneyulu (570/98-99), M/s. Pallavi Wines, Undi, Undi Mandal,West Godavari District 11 Katta Padma, W/o. Ranga Rao (69/98-99), M/s. Vijaya Durga Wines, Undi, Undi Mandal,West Godavari District 12 M. Vimala, S/o. Apparaju (37/98-99), M/s. Lakshmi Wines, Undi, Undi Mandal,West Godavari District 13 B.V. Ramaraju, S/o. Subbaraju (36/98-99), M/s. Rama Wines, Undi, Undi Mandal,West Godavari District 14 K. Ramalinga Raju, S/o. Rajan Raju (116/98-99), M/s. Venkata Rama Wines, Undi, Undi Mandal,West Godavari District .....RESPONDENTS Counsel for the Appellant :THE ADVOCATE GENERAL Counsel for the Respondents : Sri O.MANOHER REDDY WRIT APPEAL NO. 347 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/02/2005 in W.P. No.2543 of 2005 on the file of the High Court.) Between: 1 Government of Andhra Pradesh, Rep. by Special Chief Secretary, Revenue(Excise-II) Department, Secretariat, Hyderabad. 2 Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 3 Deputy Commissioner of Prohibition and Excise, Kakinada Division at Kakinada, East Godavari District. 4 Superintendent of Prohibition and Excise, East Godavari District at Kakinada. 5 Superintendent of Prohibition and Excise, West Godavari District at Eluru. ..... APPELLANTS AND 1 M/s. Paradise Wines, Munsif Junction, Kakinada, rep by its Proprietor, Nagireddy Krishna Murthy, S/o. Manikyam, aged 74 years, R/o. Kakinada, East Godavari District. 2 M/s. Paradise Wines, Kakinada, rep by its Proprietor, K. Srinivasa Rao, S/o. Subba Rao, R/o. Kakinada, East Godavari District. 3 M/s. Paradise Wines, Ramachandrapuram, rep by its Proprietor, N. Srinivasa Prasada Rao, S/o. Krishna Murthy, aged about 40 years, R/o. Ramachandrapuram, East Godavari District. 4 M/s. Paradise Wines, Velangi, rep by its Proprietor, K.V.R. Murthy, S/o. Gangadhara Rao, aged about 40 years, R/o. Velangi, East Godavari District. 5 M/s. Sri Kanya Wines, Amujuru, rep by its Proprietor, K. Radha Krishna, S/o. V. Rama Rao, aged 51 years, R/o. Amujuru, East Godavari District. 6 M/s. Paradise Wines, Dangeru, rep by its Proprietor, Anasuri Suryanarayama, aged 46 years, R/o. Mandapeta, East Godavari District. 7 M/s. Surya Chandra Wines, Mandapeta, rep by its Proprietor, M. Babu Rao, S/o. Tatabbai, aged 50 years, R/o. Mandapeta, East Godavari District. 8 M/s. Brandy Shop, Mandapeta, Alamuru, rep by its Proprietor, R. Rambabu S/o. Chandra Rao, aged about 48 years, R/o. Mandapeta, East Godavari District. 9 M/s. Siva Kalyani Wines, Mandapeta, Rep. by its Proprietor, V. Rama Rao S/o. Surayya, aged 39 yrs, R/o. Mandapeta, East Godavari District. 10 M/s. Maduri Wines, Z. Medapdu, Rep. by its Proprietor, O. Lakshman Kumar S/o. O. Surya Bhaskar Rao, Aged 42yrs., R/o. Z. Medapadu, Mandapeta, East Godavari District. 11 M/s. Brandy shop, Modukuru, Alamuru Mandal, Rep. by its Proprietor, G. Subba Rao, S/o. Subba Rao, aged 33 yrs, R/o.Modukuru, Alamuru Mandal, East Godavari District. 12 M/s. Brandy shop,Narsipudi, , Alamuru Mandal, Rep. by its Proprietor, Smt. Kalla Mangadevi, aged 49 yrs W/o. Late Govindu R/o.Narsipudi, Alamuru Mandal, East Godavari District. 13 M/s. Siva Kalyani Wines, Chinthaluru Rep. by its Proprietor, S. Ankala Raju S/o. Satyanarayana,aged 40 yrs, R/o. D.No. 1-43, Chinthaluru, Alamuru Mandal, East Godavari District. 14 M/s. Brandy Shop, Chinthalauru, Alamuru Mandal, Rep. by its Proprietor, D.S. Chowdary, S/o. Veeraju, aged 35 yrs, R/o. D.No. 3-224, Chinthaluru, Alamuru Mandal, East Godavari District. 15 M/s. Siva Kalyani Wines, Alamuru, rep. by its Propietor, N. Krishna Rao S/o. Seethaiah, aged 38 yrs, R/o. D.No. 3-78, Alamauru, Alamuru Mandal, East Godavari District. 16 M/s. Brandy Shop, Alamuru Rep. by its Proprietor,, K.S.V. Prasad, S/o. Ranga Rao, aged 51 yrs, R/o. D.No. 5-90, Alamuru, Alamuru Mandal, East Godavari District. 17 M/s. Brandy Shop, Jonnada, Rep. by its Proprietor, V. Ramana, S/o. Simhachalama, aged 48 yrs, R/o. D.No. 5-16, Jonnada, Alamuru Mandal, East Godavari District. 18 M/s. Siva Kalyani Wines, CHemudulanka, Rep. by its Proprietor, Y. Janikayya, S/o. Veerraju, aged 44 yrs, R/o. D.No. 2-94, Chemudulanka, Alamuru Mandal, East Godavari District. 19 M/s. A.B.C. Wines, Madiki, Rep. by its Proprietor, K.V. Subba Rao S/o. Subba Rao, aged 44 yrs, R/o. D.No. 2-72, Madiki, Alamuru Mandal, East Godavari District. 20 M/s. Sridevi Wines, Tadepalligudem, Rep. by its Proprietor, Maddukuri Pardha Saradhi S/o. Dhana Raju, aged about 42 yrs, R/o. C/o. B.V.R.Complex, Mahalakshmi Nagar, Tadepalligudem, West Godavari District. 21 Sri Sai Wines, Madhavaram Rep. by its Proprietor, Y. Tilak Kumar S/o. Satyanarayana, aged about 25 years, R/o. B.V.R. Complex, Mahalakshmi Nagar, Tadepalligudem, West Godavari District. 22 M/s.Vasudeva Wines, Tadepalligudem, Rep. by its Propritor, P.V. Satyanarayana S/o. Subba Rao, aged about 38 yrs, R/o. C/o. Vasudeva Wines, Main Road, Tadepalligudem, West Godavari District. 23 M/s. Bhavani Wines, Tadepalligudem, Rep. by its Propritor, G.P. Agarwal S/o. Byadayanad, aged about 44 yrs, R/o. C/o. Bhavani Wines, K.N. Road, Tadepalligudem, West Godavari District. 24 M/s. Tirumala Wines, Penumantra, Rep. by its Proprietor, P. Venkateswara Rao S/o. Krishna Rao, aged about 45 yrs, R/o. B.V.R. Complex, Mahalakshmi Nagar, Tadepalligudem, West Godavari District. 25 M/s. Sai Wines, Prathipadu, Rep. by its proprietor, M. Venkata Narayana S/o. Tirumala Raidu, aged about 44 years, R/o. Main Road, Navabpalem, West Godavari District. 26 M/s. Balaji Wines, Tadepalligudem, Rep. by its Proprietor, Yasa Naga Venkata Ramesh, S/o. Venkat Ratnam, aged 40 years, R/o. C/o. Balaji Wines, K.N. Road, Tadepalligudem, West Godavari District. 27 M/s. Raja Wines, Ravipadu, Rep. by its Proprietor, T. Raja Babu S/o. Surya Rao, aged about 50 years, R/o. Near O.S. Lake, Tadepalligudem, West Godavari District. 28 M/s. Sri Ganesh Wines, Fish Market Centre, Rep. by its Proprietor, Lankalapalli Venkata Ganesh, S/o. Hanumanthar, aged about 44 years, R/o. D.No. 20D07044, Fish Market Centre, Kothapet, Eluru, West Godavari District. 29 M/s. Sri Rama WInes, Eluru, Rep. by its Proprietor, Mandhyanapu Dhanamjayarao, S/o. Ramakrishnadass, aged 36 years, R/o. D.No. 22V-1-41, Near Vasanthamahal, Eluru, West Godavari District. 30 M/s. R.K. Wines, Eluru, Rep. by its Proprietor, Kotipalli Venkata Krishna Rao, S/o. Adinarayana, aged 40 years, R/o. D.No. 8-2-134/42, Fish Market Area, Eluru, West Godavari District. 31 M/s. Pavani Wines, Tangellamudi, Rep. by its Proprietor, K.N.V. Ramesh, S/o. Surya Prakasha Rao, aged 39 years, R/o. D.No. 15-17-3, Tangellamudi, Eluru, West Godavari District. 32 M/s. Rajesh Wines, Pedapadu, Rep. by its Proprietor, Talluri Rama Krishna S/o. Rama Rao, aged about 45 years, R/o. D.No. 6-2B/C-746, Pedapadu Mandal, West Godavari District. 33 M/s. Anusha Wines, Chataparru, Rep. by its Proprietor, Tuta Srinivasa Rao S/o. Nageswara Rao, aged about 34 years, R/o. D.No. C6-58, Chataparru, Eluru, West Godavari District. 34 M/s. Sai Wines, Eluru, Rep. by its Proprietor, Lankalapalli Naga Venkata Durga Prasad, S/o. Rama Rao, aged about 36 years, R/o. Nowduru (V), Veeravasaram Mandal, West Godavari District. 35 M/s. Siva Wines, Eluru, Rep. by its Proprietor, Musunuru Rama Mohana Rao, S/o. Sambasiva Rao, aged about 40 years, R/o. D.No.22c-10-2, Near Old Bus stand, Eluru-I, West Godavari District. 36 M/s. Chakri Liquors, N.R. Pet, Rep. by its Proprietor, M. Venkata Rama Mohan Rao, S/o. Anga Rao, aged about 31 years, R/o. D.No.25-15-22, N.R. Pet, Eluru, West Godavari District. 37 M/s. Jyothi Wines, Eluru, Rep. by its Proprietor, B.Ch, Venkateswara Rao, S/o. Lakshmaiah, aged about 55 years, R/o. Bhavisettyvaripet, Eluru, West Godavari District. 38 M/s. K.K. Wines, Chapalachettu Centre, Rep. by its Proprietor, K. Krishna, S/o. Manikyala rao, aged 51 years, R/o. Kammulavari Street,. Eluru-I, West Godavari District. 39 M/s. Dhanesh Wines, Tadepalligudem, Rep. by its Proprietor, Samarla Rama Kumar, S/o. Nagaraju, aged about 42 years, R/o. Pallapu Street, Tadepalligudem, West Godavari District. 40 M/s. Hanuman Wines, Kaikaram, Rep. by its Proprietor, Bubathula Anjaneyulu, S/o. Pullaiah, aged about 56 years, R/o. D.No. 2/142, N.H. Road, Kaikaram, Chintalapudi, West Godavari District. 41 M/s. Devi Wines, Chintalapudi, Rep. by its Proprietor, Kondety Manikyala Rao S/o. Nancharaiah, aged 48 yrs, R/o. Western Street, Eluru-I, West Godavari District. 42 M/s. Siva Jyothi Wines, Raghavapuram, Rep. by its Proprietor, Olety Vebnkateswara Rao S/o. Rattaiah, aged about 64 years, R/o. Ratnalagunt, West Godavari District. 43 M/s. Siva Jyothi Wines, Rangapuram, Rep. by its Proprietor, Musunuru Sambasiva Rao S/o. Rattaiah, aged about 65 years, R/o. D.No. 4-12/A, Rangapuram, West Godavari District. 44 M/s. Siva Jyothi Wines, Lingapalem, Rep. by its Proprietor, R. Krishna Kumar,S/o. Satyanarayana, aged about 42 years, R/o. Vijayarai, Lingapalem, West Godavari District. 45 M/s. Siva Jyothi Wines, Vijayarai, Rep. by its Proprietor, Bollina Rambau S/o. Prakasa Rao, aged about 55 years, R/o. D.No. 2-304/A, Vijayarai, Siggagudem, West Godavari District. 46 M/s. Siva Jyothi Wines, Dharmajigudem, Rep. by its Proprietor, Mokkapaty Venkateswara Rao, S/o. Satyanarayana, aged 52 years, R/o. Kakinada, East Godavari District. 47 M/s. Jyothi Wines, Chinthalapudi, Rep. by its Proprietor, Olety Pitchaiah S/o. Rattaiah, aged about 70 years, R/o. Ratnalagunta, Chintalapudi, West Godavari District. 48 M/s. Sri Ganesh Wines, T. Narasapuram, Rep. by its Proprietor, Kondety Harichandra Rao, S/o. Venkataramaiah, aged about 56 years, R/o. T. Narasapuram, Eluru-2, West Godavari District. 49 M/s. Sri Gopal Wines, Gundugolanu, Rep. by its Proprietor, Lankalapalli Venkateswara Rao, S/o. Hanumantha Rao, aged about 34 years, R/o. Eastern Street, Gundugolanu, Eluru, West Godavari District. 50 M/s. Paradise Wines, Teki, Rep. by its Proprietor, I. Muneswara Rao S/o. Satiyya, aged about 47 years, R/o. Taki, Kapileswarapuram Mandal, East Godavari District. 51 M/s. Paradise Wines, Pamarru, Rep. by its Proprietor, K.V.V.R.K.Prasad S/o.Gangadharam, aged about 36 years, R/o. Pamarru, Pamarru Mandal, East Godavari District. 52 M/s. Sridevi Wines, Venturu, Rep. by its Proprietor, R. Venkata Rao S/o. Bhaskara Rao, aged about 45 years, R/o. D.No. 5-76/A, Venturu, Rayavaram Mandal, East Godavari District. 53 M/s. Sagar Wines, Gollapalem, Rep. by its Proprietor, D. Krishna Reddy S/o. Satyanarayana Reddy, aged about 35 years, R/o. D.No. 4-212/1, Gollapalem, Kajuluru Mandal, East Godavari District. 54 M/s. Paradise Wines, Gollapalem, Rep. by its proprietor, Gubbala Yesuraju S/o. Veeranna, aged about 40 years, R/o. D.No. 28-9-89, Gollapalem, Kajuluru Mandal, East Godavari District. 55 M/s. Paradise Wines, Aryavatam, Rep. by its Proprietor, K. Satyanarayana S/o. Subba Raju, aged about 53 years, R/o. Aryavatam, Kajuluru Mandal, East Godavari District. .....RESPONDENT(S) Counsel for the Appellant:THE ADVOCATE GENERAL Counsel for the Respondent No.: MR.VEDULA VENKATARAMANA The Court made the following judgment: COMMON JUDGMENT: (Per Hon’ble Sri Justice B.Sudershan Reddy) INTRODUCTION: The manufacturing or of supplying by wholesale or of both or of selling by wholesale or by retail, any liquor in the State of Andhra Pradesh is governed by Andhra Pradesh Excise Act, 1968 (for short ‘the Act’), and the grant of licences for the import, export, transport and sale of Indian liquors, and foreign liquors is regulated by the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 (for short ‘the ILFL Rules’). The Government of Andhra Pradesh has been taking policy decisions from time to time enunciating liquor policy of the State every year. Section 17 of the Act provides that the Government may grant a licence for a fixed period subject to such conditions as they may deem fit to impose to any person at any place a lease or licence, or both for the exclusive privilege of manufacturing or of supplying by wholesale or of both; or by selling by wholesale or by retail; or by manufacturing or of supplying by wholesale or of both and of selling by retail, any liquor or other intoxicants within any such area in the State as may be specified in the said order. 2 . On 07th February, 2005, the Government of Andhra Pradesh enunciated its Excise (IML) Policy for the year 2005-2006, making certain minimal changes in the matter of grant of IL-24 (retail off licences) in the State of Andhra Pradesh. The Preamble to the policy reads: “The Excise (IML) policy for the year 2004-2005 will come to an end on 31st March, 2005. The Government have carefully reviewed the implementation of the policy during the year and taking into consideration the experience gained in the past, issue the following guidelines for the year 2005-06.” It inter alia says that the sale and consumption of liquor be made more streamlined and necessary steps in this direction will be to effectively eliminate the cartels in liquor trade, throw open the trade to more competition and thus ensure availability of good quality liquor to the consumers at affordable prices; the licences of IL-24 (retail of licences), which are functioning during the year 2004-05 in the State which will expire on 31st March, 2005 shall not be renewed for the year 2005-06. For the year 2005-06, 7,500 (Seven thousand five hundred) IL-24 retail shops will be licensed in the State. The Commissioner of Prohibition and Excise shall fix the number of licences to be granted in an area as provided under the ILFL Rules. The licensing authority shall call for applications from the general public by issuing a notification in the District Gazette. Selection of licencees from out of the applicants for grant of IL-24 licences shall be made as laid down under Rule 31 of the ILFL Rules. It is significantly stated that the present rates of licence fee charged on IL-24 (retail) shops during the year 2004-05 will be applicable for the year 2005-06. There shall be no change in the policy with regard to permit rooms except that permit rooms will not be allowed in places where the population is 25,000 and above and within a belt area of 2 Kms of such places. According to the writ petitioners, the policy of the Government is arbitrary and discriminatory as against the existing IL-24 licencees since it has no nexus with the object of streamlining the sale and consumption of liquor; eliminating the cartels in liquor trade, and making available of good quality liquor to the consumers at affordable prices. The sum and substance of the complaint is that the policy is violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and thus, liable to be declared invalid and unconstitutional. 3. Before we proceed to examine the challenge to the excise policy of the Andhra Pradesh State Government, we may first refer in short to the previous practice of granting liquor licences. 4. In February, 1995, the Legislature of Andhra Pradesh enacted Andhra Pradesh Prohibition Act, 1995, which had received the assent of the President of India. It was an Act to introduce prohibition of sale and consumption of intoxicant liquor in the State of Andhra Pradesh and matters connected therewith. The selling, buying, being in possession and consumption of liquor otherwise than in accordance with provisions of the Act, was prohibited. Further details in this regard are not required to be noticed. However, from the excise year 1998-99 onwards, the prohibition was relaxed and licences for various categories were being issued from time to time under the provisions of the Act and the ILFL Rules. The licences were being renewed from time to time. 5. The Government of Andhra Pradesh by the impugned policy decision declared that the licences of IL-24 shall not be renewed for the year 2005-06. On the same day, the Government enunciated its Excise Policy with regard to IL-17 i.e. bars in the State of Andhra Pradesh. The policy provides for renewal of existing IL-17 licences for the year 2005-06 at the option of the licencees. In addition, the policy declares that bar licences will be granted in all places where the population is more than 25,000 and the belt area of 2 Kms of the periphery of such place. The writ petitions were filed challenging the said policy, which does not permit renewal of IL-24 licences for the year 2005-06. The writ petitions were allowed by the learned single Judge and declared the policy as arbitrary, unreasonable and violative of Article 14 of the Constitution of India. The judgment of the learned single Judge is questioned in this batch of writ appeals preferred by the Government of Andhra Pradesh and others. SUBMISSIONS: 6. The learned Advocate General appearing on behalf of the State contended that no citizen has any fundamental right to trade in liquor, which includes grant/renewal of licences to trade in liquor and refusal to grant/renew such licence in no manner infringes any guaranteed fundamental right under Article 19(1)(g) of the Constitution of India. That there is no statutory right for licencees to seek for renewal as a matter of right. It was submitted that IL-24 and IL-17 are two distinct categories of licences. Both have been