LAWS(APH)-2014-3-3

B. VENKATESWARLU Vs. GOVERNMENT OF A.P.

Decided On March 05, 2014
B. Venkateswarlu Appellant
V/S
GOVERNMENT OF A.P. Respondents

JUDGEMENT

(1.) The notifications issued by District Collectors, inviting applications for grant of licences for the relocated A-4 excise shops, is questioned in these Writ Petitions as being arbitrary, illegal and contrary to the A.P. Excise (Grant of licence of selling by shops and conditions of licence) Rules, 2012 (hereinafter called the "2012 Rules").

(2.) It would suffice, for the disposal of this batch of Writ Petitions, if the facts in W.P. No.35116 of 2013 are noted. The petitioners were allotted A-4 shops at Konijerla and other villages for the licence period 01.07.2012 to 30.06.2013. They paid the licence fee of Rs.32.5 lakhs per annum. The licence was renewed, on completion of one year, in accordance with Rule 8 of the Rules. In the notification dated 30.11.2013, published in the District Gazette, the District Collector stated that the licence for the right of selling by shop was to be granted for the licence period from 01.07.2013 to 30.06.2014; the Commissioner of Prohibition & Excise had fixed 153 A-4 shops to be licensed in the areas/localities by proceedings dated 12.07.2012; among the 153 notified shops, 147 shops, which were disposed and established for the year 2012-13, were being renewed for the year 2013-14; in addition thereto, two new shops were allotted by the Commissioner of Prohibition & Excise by proceedings dated 29.11.2013; consequently he was issuing a notification for the A-4 shops which were either not disposed or had been cancelled or withdrawn for the year 2012-13; and, consequently, seven A-4 shops were being relocated under Rule 4 for drawal of lots.

(3.) The petitioners are aggrieved by the said notification of the District Collector, informing the public and intending applicants, that A-4 shops were being relocated from one area to another either within or beyond the District. It is the petitioner's case that a similar attempt to relocate shops, by issuance of a notification, was under challenge in W.P. No.21377 of 2013 and batch; during the pendency of the Writ Petitions, the said notifications were withdrawn by the Government; and, consequently, the Writ Petitions were disposed of by order dated 21.08.2013.