TIRUMALA WINES Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) M/s Tirumala Wines filed W P No 16648 of 2003 (hereinafter referred to as Tirumala Wines) seeking to issue a Writ of Mandamus declaring the action of the 1st respondent- the Commissioner of Prohibition and Excise, Exhibition Grounds Road, Hyderabad, and the 2nd respondent the Prohibition and Excise Superintendent, Visakhapatnam, in rejecting its claim for refund of the excess licence fee illegally collected for the period from 1998-99 to 2003-04 as unconstitutional and illegal, and to direct the respondents to refund the said amount Tirumala Wines also filed W P No 5670 of 2004 to declare the action of the respondents in not renewing its licence for the year 2004-05 by treating the shop of the Tirumala Wines as located at a distance beyond 5 kms from the limits of the Municipal Corporation of Visakhapatnam, as illegal and arbitrary and to direct the respondent to lenew its licence by collecting the appropriate licence fee as applicable to the shops situated in a Gram Panchayat area since it is also situated in Gram Panchayat Area and it is beyond a distance of 5 Kms from the limits of Municipal Corporation of Visakhapatnam

(2.) Similarly, M/s Steel City Beer & wines IL-24 filed WP No 17038 of 2003 (hereinafter referred to as Steel City Wines) to declare the order of the 1st respondent in rejecting its request for refund of the proportionate licence fee for the lease years from 1998-99 to 2002-03, and to direct the respondents to refund the excess licence fee paid by it for the lease years 1998-99 to 2003 04 It also filed W P No 5900 of 2004 to declare the action of the respondents in not renewing its licence for the excise year 2004-05 by treating its shop as located within 1 km peripheral distance from the imits of Gajuwaka Municipality as illegal and arbitrary, and to direct the respondents to renew the excise IL 24 licence of the Steel City Wines by collecting the appropriate licence fee as applicable to the shops situated at Desapathrini Palem Village, which is beyond the distance of 2 kms from the Gajuwaka Municipal limits

(3.) Ch Jyothi Srinivas, licensee of M/s Durga Wines filed W P No 16676 of 2003, to declare the order of the 1st respondent, dated 8-7-2003, as illegal, arbitrary and contrary to the rules, and to direct the respondents to refund the excess licence fee paid by it It also filed W P No 5882 of 2004, to declare the action of the respondents in not renewing its licence for the excise year 2004-05 by treating the shop of Durga Wines as located at a distance beyond 2 kms from the limits of Gajuwaka Municipality as illegal and arbitrary, and to direct the respondents to renew the excise licence of Durga Wines by collecting appropriate licence fee as applicable to the shops situated beyond 2 kms distance from the Gajuwaka Municipality