THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION Nos.16352 and 17937 OF 2006 DATED: 28-06-2007 W.P.No.16352 of 2006 BETWEEN N. Muni Reddy, S/o. N.C. Narayana Reddy, Licencee of M/s. Power Wines, (Gazette Sl.No.23), Ananthapur, Ananthapur District. …PETITIONERS AND The Prohibition & Excise Commissioner, Hyderabad and others. …RESPONDENTS W.P.No.17937 of 2006 BETWEEN T. Raghunath, S/o. Sriramulu, Occ: Business, Prop: M/s. Hanuman Wines, D/No.6/941, Kanekal, Ananthapur District. …PETITIONER AND The Prohibition & Excise Commissioner, Hyderabad and others. …RESPONDENTS COMMON ORDER: Learned counsel for the petitioners submits that the subject matter of these writ petitions is squarely covered by the judgment of this Court in W.P.No.215 of 2007 dated 01.03.2007, which has been upheld by a Division Bench of this Court in W.A.No.271 of 2007 dated 01.05.2007 holding that where the shops are sought to be relocated from one area to another and auctioned, it is not open for the Commissioner or the auctioning authorities to play joints by envisaging Rule 21 while exercising power to permit opening of outlets or shifting the shop from one area to another area. Having regard to the facts and circumstances of the case, the writ petitions are accordingly allowed in terms of the aforesaid judgment of the Division Bench. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 28, 2007 DSK