K RAJENDER Vs. SUPERINTENDENT OF EXCISE KHAMMAM

JUDGEMENT

(1.) These two writ petitions raise common question, viz., whether the amendment of Cl. (ii) of sub-rule (f) of R. 29 of the Andhra Pradesh Foreign Liquor and Indian Liquor Rules 1990 (for short "the Rules), is constitutionally invalid; if not, whether it applies to cases where applications for F.L. 17 licences were filed prior to the date of enforcement of the amended Rule.

(2.) The petitioners in the first writ petition proposed to run a Bar in the name and style of 'Sanai Bar and Restaurant' in Premises No. 9-2-226. Wyra Road, Khammam and applied for the grant of F.L. 17 licence on 11-9-1990 to the 1st respondent. The petitioner says that he obtained the said premises on a monthly rental of Rs. 4,000/- and paid huge amounts as advance and deposit to the landlord. The 1st respondent directed the Excise Sub-Inspector Khammam to enquire into the matter and submit a report. The petitioner submitted the required certificates from the Commissioner of Municipality Khammam on 24-9-1990 and no-objection certificate from the Medical and Health Department on 27-10-1990 and another no-objection certificate from the District Educational Officer, Khammam on 20-12-90. He also submitted a no-objection certificate from the local Sub-Divisional Police Officer dated 20-10-1990 and from the Assistant Commissioner, Endowments on 29-10-1990. On the basis of these certificates, the Circle Inspector, Excise and the Assistant Excise Superintendent, Khammam Range recommended for grant of F.L. 17 licence in favour of the petitioner. While so, G.O. Ms. No. 30, Revenue (Ex. III) Department, dated 11-1-1991 amending the rule was published in the Gazette dated 17-1-1991 on which date it came into force. As the 1st respondent did not grant the licence to the petitioner, he seeks a writ of mandamus directing the respondents to grant F.L. 17 licence in the name of 'Sanai Bar and Restaurant' at Premises No. 9-2-226, Wyra Road, Khammam by declaring the said G.O. as inapplicable to the case of the petitioner.

(3.) The petitioner in the second writ petition (W.P. No. 2626 of 1991) applied for the grant of an F.L. 17 licence to the 2nd respondent the Commissioner of Excise, to run a Bar under the name and style of M/s. Kalyani Garden Bar and Restaurant, along with a Challan for Rs. 100/-, on 2-6-1990. His application was forwarded to the Superintendent of Excise, Guntur, and the matter was enquired into and a report was sent to the 2nd respondent (Commissioner of Excise) through the Deputy Excise Commissioner. He says that he has complied with the requisite formalities and submitted no-objection certificates from the Assistant Superintendent of Police, Assistant Commissioner of Excise, District Medical and Health Officer, Guntur, etc. On that basis the case of the petitioner was recommended by the 3rd * respondent as well as the Deputy Commissioner of Excise. On 7-2-1991 in Proceedings No. Cr. 2811/91/Ex/G2, the 2nd respondent refused to grant clearance on the basis of the amended rules. In these circumstances, the petitioner filed the writ petition for a writ of mandamus declaring the said G.O. Ms. No. 30, dated 11-1-1991 as illegal and void, and consequentially to declare the proceedings issued by the 2nd respondent on 7-2-1991 also as illegal and void and for a consequential direction to respondents 2 and 3 to grant a licence in Form F.L. 17.