NARASIMHA RAO P Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) As the relief sought for and subject matter involved in all the writ petitions is one and the same, it is felt expedient and convenient to dispose of all the writ petitions by this common order.

(2.) The petitioners in this batch of writ petitions obtained IL-17 or IL-24 licence to set up liquor shops at various places like Vinukonda, Sattenapalli, Bobbili, Nuziveed, Pithapuram, Satyavedu in the State of Andhra Pradesh. The grant of IL-24 and IL-17 licences in the State are governed by A.P. Indian Liquor and Foreign Liquor Rules, 1970 (hereinafter referred to as 'Rules').

(3.) It is relevant to note here some of the provisions of the A.P. Excise Act. 1968 (for short 'the Act') Section 15. Sale or buying of excisable article without licence prohibited: (1) No person shall sell or buy any intoxicant except under the authority and in accordance with the terms and conditions of a licence granted in this behalf. Provided that a person having a licence to draw toddy from an excise tree, may sell such toddy to a person licensed to buy toddy under this Act without obtaining a licence for such sale but subject to such restrictions and conditions as the Commissioner may, by general or special order, specify. Section 17: Grant of exclusive privilege of manufacture, etc.: (1) Subject to the provisions of Sec. 28 and any rules made in this behalf, the Government may, subject to such conditions as they may deem fit to impose, grant for a fixed period to any person at any place a lease or licence or both either jointly or severally for the exclusive privilege, (i) of manufacturing or of supplying by wholesale or of both; or (ii) of selling by wholesale or by retail/or (iii) of manufacturing or of supplying by wholesale, or of both, and of selling by retail, any liquor or other intoxicant within any such area in the State as may be specified in the said order. Explanation: A lease shall not take effect until the Collector or any other competent officer has issued a licence under this Act. (2) The Government may confer on any officer the power mentioned in subsection (1). 28. Forms and conditions of licence, etc. (1) Every permit issued or licence granted under this Act shall be issued or granted on payment of such fees, for such period, subject to such restrictions and conditions, and shall be in such form and shall contain such particulars, as may be prescribed. 29. Power to take security and counterpart agreement: Subject to such rules as may be prescribed, any authority granting licence under this Act may require the licensee. (a) to give security for the observance of the terms of his licence, and (b) to execute a counterpart agreement in conformity with the tenor of his licence.