THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.11584 OF 2010 DT.19.05.2010 Between: M/s.Extreme Sports Bar, Serilingampally Mandal, R.R.District. ………………..Petitioner Vs. The Commissioner of Prohibition & Excise and another. ……………..Respondents. O R D E R: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus, declaring the in-action on the part of the Prohibition and Excise Superintendent who is second respondent herein, in not passing orders on the application dated 07.05.2010 made by the petitioner for shifting of its premises i.e., Xtreme Sports Bar from Plot No.76, Madhapur, to Plot No.19 & 20, Kavuri Hills, Madhapur, as illegal, arbitrary, discriminatory and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and to permit the petitioner to conduct its Bar business in its new premises by granting necessary permission. The case of the petitioner is that it is M/s.Xtreme Sports Bar, situated on the premises at Prabhavathi Plaza, 3rd and 4th Floors, Plot No.76, S.No.76, Madhapur, Serilingampally Mandal, R.R.District. The petitioner is running its Bar with necessary permissions. The petitioner has obtained Trade Licence from the Assistant Medical Officer of Health, Serilingampally, to carry on trade operations. The petitioner also obtained licence for the manufacture, sale/sell/storage for sale/distribution of all varieties of food items from the licencing authority and that the licence is valid upto 31.03.2011. While so, the petitioner made an application, dated 07.05.2010 seeking for shifting of its premises from Plot No.76, Madhapur, to Plot No.19 & 20, Kavuri Hills, Madhapur. The said application has not yet been disposed of by the first respondent. The learned counsel for the petitioner submits that on 13.04.2010, fire accident took place in its premises, due to electrical short circuit and all the property in the premises got damaged. Therefore, it was forced to shift its premises. Hence, the petitioner made representation for shifting of the premises, but the representation dated 07.05.2010 has not yet been considered by the respondent authorities. The learned counsel for the respondents submits that for the purpose of passing necessary orders on the application of the petitioner for shifting of the premises, the petitioner has to make a representation to the first respondent-Commissioner of Prohibition & Excise, but the petitioner has made a representation to the second respondent. Having regard to the fact that the business premises, in which the petitioner is continuing its business is affected due to the fire accident, the respondents are directed to consider the representation, dated 07.05.2010 of the petitioner in accordance with law for shifting of the business premises from Plot No.76, Madhapur, to Plot No.19 & 20, Kavuri Hills, Madhapur, and dispose of the same within a period of one week from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. _______________ G.CHANDRAIAH J., Dt.19.05.2010 Note: c.c. by 20.05.2010 B/o tjs.