The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30302 of 2011 Date: 23rd November, 2011 Between: K.Bhaskar Goud ..... Petitioner and 1.The Superintendent, Prohibition and Excise, Medchal, RR District and another. .....Respondents Counsel for the Petitioner: Mr.J.Somasundaram Counsel for the Respondents : AGP for Prohibition & Excise The Court made the following : O R D E R: This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in not considering the petitioner’s representation, dated 28-10-2011, for permission to shift his toddy shop from Door No.1-23, Ward No.28, Turkapally Village, Alwal GHMC, to another premises in Survey Nos.45, 46 and 47 of Turkapally Village, Shamirpet Mandal, Ranga Reddy District, as illegal and arbitrary. The petitioner is a TFT licensee. He has averred that when he was selling toddy at the afore-noted licensed premises, the air force authorities have forcibly removed his shop and that therefore, he approached respondent No.1 with representation, dated 28-10- 2011, to permit him to shift his toddy shop to another premises in Survey Nos.45, 46 and 47 of the same Village. The grievance of the petitioner is that respondent No.1 has not considered and taken decision on the said representation so far. At the hearing, the learned Assistant Government Pleader for Prohibition and Excise, representing the respondents, submitted that the averments contained in the affidavit of the petitioner would show that the petitioner seeks permission to sell toddy at topes, which is not permissible under Rules 8 and 9 of the A.P. Excise (Grant of Licence to Sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 (for short, 'the Rules'). In my opinion, respondent No.1 requires to consider whether the Rules contain any bar on the licensee to establish the shop at the topes or not. When a representation is stated to have been made, it is obligatory on respondent No.1 to take a decision thereon. As no such decision is, evidently, taken by him, respondent No.1 is directed to consider and take a decision on the petitioner’s representation, if already received, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Subject to the above- direction, the Writ Petition is disposed of. As a sequel, WPMP No.37539 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 23rd November, 2011 LUR