AYYAGARI SRINIVAS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) IN both these writ petitions, applications submitted by the petitioners for grant of licences to establish Bar in Narsapuram Town and Vijayawada Corporation were rejected on the ground that already more number of bars exist in the respective towns as compared to ratio of bars vis - -vis population of the towns, and therefore it is not possible to permit the petitioners to establish bars. Aggrieved thereby, these writ petitions are filed.

(2.) IN Writ Petition No.33264 of 2010, petitioner was granted licence to run Bar and Restaurant in Narsapuram town, in the name and style of 'Sri Sudha Restaurant and Bar', for the excise year 2008 -2009. The premises in which the said licence was established was secured by the petitioner on lease. The lease of the premises expired on 30.06.2009 and petitioner was to evict the premises; on 29.06.2009, petitioner applied for renewal of licence and also for shifting of location of the Bar. On 06.10.2009, petitioner submitted another application to locate the Bar in Door No.5 -9/4 -29 and to grant licence.

(3.) BY order dated 07.12.2010, request of the petitioner for renewal of licence as well as grant of licence in new premises was rejected by the Commissioner, which order is impugned in this Writ Petition. Commissioner held that there is no provision for renewal of licence which had already expired. As with reference to the representation of the petitioner dated 06.10.2009, Commissioner held that a bar licence is granted to an existing Restaurant and as no Restaurant was functioning at the proposed premises, Bar licence cannot be granted. He further held that in Narsapuram Municipality for the excise years 2010 -11 and 2011 -12 already two bars and six A4 shops are functioning and there is no requirement for the third bar. Commissioner placed reliance on the provisions of Rules 4 and 5 of Andhra Pradesh Excise (Grant of Licence by Selling by Bar and Conditions of Licence) Rules, 2005, (herein after referred to as the Rules) and orders of the Government in G.O.Ms. No.723, dated 02.08.2010.