IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5410 of 2009 Between: Kollu Venkata Ramya, W/o. Kollu Srinivasu, R/o. D.No.58-1-58, Ward No.17, Chinamarketveedhi, Ramalayam Backside, Jagannathapuram, Kakinada, East Godavari District. ...Petitioner And 1. Government of Andhra Pradesh, Revenue (Ex-II) Department, Secretariat, Hyderabad, Rep. by its Secretary. 2. The Commissioner for Prohibition and Excise, Hyderabad. 3. The Deputy Commissioner for Prohibition and Excise, Kakinda, East Godavari District. 4. The Prohibition and Excise Superintendent, Kakinada, East Godavari District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 1st respondent in not regulating the number of bar licenses i.e., Form-2B licences to be granted in a locality and the action of the 2nd respondent in granting Form-2B licenses in an area without considering the public health as illegal, arbitrary and in violation of Article 47 of the Constitution of India and consequently direct the 1st respondent to regulate the grant of licenses in Form-2B for opening of the Bar in an area. Counsel for the petitioner : Sri O. Manoher Reddy Counsel for the respondents : Government Pleader for Prohibition & Excise The Court made the following: ORDER: (Per Sri Anil R. Dave, C.J.) This is a public interest litigation wherein the petitioner has made a grievance that the respondent authorities are granting licence to bars in a haphazard manner. It has been submitted by him that Section 72(2)(ee) of the Andhra Pradesh Excise Act, 1968 empowers the Government to make rules so as to regulate sale of liquor in localities in which and the persons or classes of persons to whom lease or licences or both may be granted and to regulate the number of shops or bars etc., which may be granted licences in any area. It has been submitted by the learned Advocate appearing for the petitioner that in pursuance of the afore-stated legal provision, the Government should have framed some rules which would restrict the number of bars as in the case of shops having licence to sell liquor. In our opinion, it is not for this Court to give direction to the Government as to how an Act should be enacted or rules to be framed. However, looking to the facts of the case, we direct respondent No.1 to consider the petition as a representation so that appropriate decision can be taken in the matter keeping public interest in mind. With the above direction, the petition stands disposed of with no order as to costs. ANIL R. DAVE, C.J. 1st July, 2009 RAMESH RANGANATHAN, J. …..REGISTRAR To 1. The Secretary to Government of Andhra Pradesh, Revenue (Ex-II) Department, Secretariat, Hyderabad. 2. The Commissioner for Prohibition and Excise, Hyderabad. 3. The Deputy Commissioner for Prohibition and Excise, Kakinda, East Godavari District. 4. The Prohibition and Excise Superintendent, Kakinada, East Godavari District. 5. Two copies to the Govt. Pleader for Prohibition and Excise, High Court Buildings, Hyderabad (OUT). 6. Two CD copies. ARS