DEVARAPU MALYADRI Vs. STATE OF ANDHRA PRADHESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the inaction of the respondents in not passing orders on the application of the petitioner dated 23.9.2019 seeking permission to shift M/s. Neelima Restaurant & Bar, run by the petitioner from Door No.26-35-38, Hanuman Nagar, Nallapadu Main Road, Guntur to Door No.135-41 and 135-42, J.K.C.College Road, Bapaiah Nagar, Guntur and also for change of the trade name as illegal arbitrary and consequently pass other orders.

(2.) Heard both sides.

(3.) As per the averments in the affidavit, the petitioner is having a 2B license bearing No.68/2017-22, dated 03.11.2017 and accordingly the petitioner has started M/s. Neelima Restaurant & Bar in Door No.26-35-58, Hanuman Nagar, Nallapadu Road, Guntur. Since the lessor of the petitioner asked to vacate the premises for his personal occupation and the petitioner made an application on 23.9.2019 seeking permission to shift his business premises from the existing place to premises bearing No.135-41 and 135-42, J.K.C.College Road, Bapaiah Nagar, Guntur and also requested to change of trade name to M/s. Apple Restaurant & Bar and the petitioner also submitted rental agreement, trade license, food license and all other documents like income tax returns, GST returns and paid the necessary fee as per Rule 17 of the A.P.Excise (Grant of License of Selling by Bar and Conditions of License) Rules 2017 (here in after to be referred as 'Rules 2017'). Since at the repeated requests made by the petitioner, the respondents have not passed any orders on the application and kept pending. In fact the 2nd respondent vide proceedings C.R.No.5881/2020/CPE/E3 dated 03.02.2021 directed the 3rd respondent to take further action. The 3rd respondent vide proceedings R.C.No.463/2017/B1, dated 05.02.2021 directed the 4th respondent to take further action and to report compliance. The 4th respondent directed the prohibition & excise Inspector, A.P.S.B.C.L. I.M.L.Depot, Nallapadu, Guntur to submit report and on 10.02.2021 the said Prohibition & Excise Inspector submitted a report to the 4th respondent and the said report was forwarded to the 2nd respondent. In view of the above, the petitioner has complied all the formalities stipulated as per rules. Despite repeated requests the same was not attended by the authorities and the authorities have not passed orders as per Rules 2017. Hence the writ petition.