K MOHAN KUMAR Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) 5th respondent is the successful bidder and he was granted provisional licence to establish a retail outlet for sale of Indian Made Foreign Liquor and Foreign Liquor in Ward No. 142 of Greater Hyderabad Municipal Corporation (Seethaphalmandi) for the lease period 2014 -2015. The 5th respondent intended to locate the outlet in premises bearing Door No. 12 -10 -652/1, Indiranagar, Warasiguda, Seethaphalmandi, Secunderabad. The residents of Indiranagar in Warasiguda instituted this writ petition alleging that the proposed location of retail outlet is less than 100 metres from Durga and Sri Ramalayam Temple and recognized school and, therefore, no retail outlet can be located, if it is within 100 metres in accordance with Rule 25 of the A.P. Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short, '2005 Rules'). When the matter was taken up for admission, to verify the genuineness of the grievance agitated by the petitioners, an Advocate Commissioner was appointed, requesting the Advocate Commissioner to visit the premises and to undertake the measurements of the distance between the school and the proposed premises and temple. The Advocate Commissioner undertook the exercise and filed his report. As per the report, the premises, which the petitioners agitated in the affidavit, is less than 100 meters from the recognized school by name St. George High School.

(2.) PRIMA facie, the report would disclose that in the premises, as contended by the petitioners, no retail outlet for sale of liquor can be located in view of the prohibition contained in Rule 25 of 2005 Rules.