P SUBHASH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenge in these public interest litigation cases is to the Andhra Pradesh Excise (Grant of Licence of selling by shop and conditions of licence) Rules, 2012 made by the Government of Andhra Pradesh vide G.O. Ms. No. 391, Revenue (Ex. II) Department, dated 18.6.2012. Therefore, all the three cases were heard together and are disposed of by this common order. Before proceeding to deal with the issue in question, the facts in each of the petitions may be noted.

(2.) The petitioner has referred to an interim order dated 16.4.2012 in PIL No. 70 of 2012 and stated that the statutory rules framed by the State hitherto in regulating the activity of licensing the retail sale of liquor had been abused by the applicants and the executive-bureaucratic as well as political, on account of absence of transparent verification of an applicant's credentials, financial wherewithal to submit the bid etc.. Having regard to the serious injury to public interest and the fact that a few persons behind the benamis were controlling the State's resources so as to ensure ownership and control of the material resources of the community resulting in frustration of the constitutional goal under Article 39 of the Constitution, the State was required to put in place stringent rules to avoid benami licensees.

(3.) It is submitted that pursuant to the Excise Policy and the Rules, applications have been invited for grant of licence for sale of liquor in licensed premises on 20.6.2012 and the selection process was to commence on 26.6.2012. In the event of the authorities accepting applications without reference to the income-tax returns, social status etc., public interest would be in jeopardy. Hence, the petitioner has prayed for a declaration that Rule 12 of the Rules is arbitrary, illegal and violative of Article 14 of the Constitution of India and to set aside the same with a consequential direction to the respondents to ensure that there are no benami applications for grant of licence under the Rules.