The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.533 of 2008 Between: Mathi Surya Rama Chandra Rao. …Petitioner and 1.Government of Andhra Pradesh, rep. by its Commissioner, Prohibition & Excise, Nampally, Hyderabad – 500 001, and others. …Respondents The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.533 of 2008 Order: In this Writ Petition, petitioner seeks a direction by way of Mandamus to declare the action of respondents 1 and 2 in taking steps for grant of license to establish a Bar and Restaurant in favour of the fifth respondent in a residential area, which is illegal and contrary to Rules framed under the A.P.Excise (grant of licence of selling by Bar and conditions of License) Act, 2005 (for short ‘the Act’) and G.O.Ms.No.997 dated 24-05-2005. The petitioner claims to be a resident of Quarter No.244 SRT situated at Industrial Labour Colony, Vidyadharapuram, Vijayawada. Precisely, it is the grievance of the petitioner that though the said area is predominantly residential area, the fifth respondent is proposing to establish a Bar and Restaurant in Quarter Nos.242 & 243 of the said Colony and there is no adequate parking for the vehicles of the proposed visitors. It is further stated that inasmuch as the area is residential area, no license can be granted as per the A.P.Excise (Grant of Licence of Selling by Bar and Conditions of License) Rules, 2005 (for short ‘the Rules’). The petitioner also claims to be member of Labour Colony Residents’ Association, Vidyadharapuram in Vijayawada, which filed representation dated 30-11-2007 before the first respondent-Commissioner of Prohibition & Excise, requesting him not to grant license to the fifth respondent for establishing Bar and Restaurant in their Colony. As the said representation has not yet been considered and steps are being taken to grant license to the fifth respondent to start bar and restaurant in their Colony, petitioner filed the present Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for Excise appearing for the respondents. When this Writ Petition has come up on 18th January, 2008, it was adjourned to today to enable the learned Government Pleader to get instructions in the matter. Today, on instructions, it is submitted by the learned Government Pleader that as per the rules framed in G.O.Ms.No.997, dated 24-05-2005, prior clearance in Form 1A was issued to the fifth respondent for grant of license in Form 2B in the name of M/s.Sri Kanaka Durga Restaurant and Bar, by giving 45 days time i.e., up to 21-12-2007 for establishing the Bar and Restaurant. But however, the fifth respondent has not established the Bar and Restaurant within 45 days and has applied for fresh clearance in Form 1A and it is pending consideration. The authority to grant license for establishment of Bar and Restaurant is governed by the statutory rules framed under the Act. Rule 6 of the Rules imposes certain restrictions for grant of license and they include inadequate vehicle parking and establishment of bar within five hundred meters of predominantly residential area. But, however, the restriction for establishment of bar within five hundred meters of residential area is relaxed, if the proposed premises is located on main road used for shopping purposes. It is submitted by the learned Government Pleader for the respondents that as the premises was situated on the main road in commercial locality, earlier clearance was given. Though this Writ Petition is filed by the petitioner in his individual capacity, he did not submit any objections either before the licensing authority or before the Commissioner, who is empowered to issue prior clearance before grant of license. On behalf of the Labour Colony Residents’ Association, Vidyadharapuram, a representation was filed, but no objections were filed to the effect that there is no adequate parking or that it is a residential area. When an application is made for grant of license for establishment of Bar and Restaurant, it is for the authorities concerned to consider the same, by making necessary inspection regarding the adequacy of vehicle parking and suitability of the proposed premises for establishing a Bar and Restaurant as per the Rules. Since the objections, which are, now, sought to be raised by the petitioners, need factual verification, this Court in exercise of its powers under Article 226 of the Constitution of India cannot either decide the same at this stage or direct the respondents-officials not to grant permission to the fifth respondent. Inasmuch as it is stated that the application filed by the fifth respondent for prior clearance is pending consideration before the first respondent, and as the petitioner did not make any specific objections to the same, I dispose of the Writ Petition permitting the petitioner to file his objections, if any, for proposed grant of prior clearance in Form 1A to the fifth respondent, before the first respondent- Commissioner within one week from today. On such objections being filed, the first respondent shall consider the same along with the application of the fifth respondent for grant of prior clearance in Form 1A and also along with the reports, if any, of the competent authorities in this regard. Even if no objections are filed, it is open to the respondents to take further steps on the application of the fifth respondent in accordance with law. Subject to the above directions, the Writ Petition is disposed of. No Costs. ___________________ (R.Subhash Reddy, J) 22nd January, 2008 lur