KAMALLA WINES Vs. COMMISSIONER

JUDGEMENT

(1.) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Issue an appropriate order writ or direction more particularly one in the nature of Writ of Mandamus, to declare the impugned order of the 2nd respondent dt. 3.1.2005 vide Rc.No.564/2004/N5 granting permission for shifting of the II-24 shop of the 3rd respondent from Gullapalli village to Nakariikalu Village as illegal, arbitrary and contrary to the provisions of A.P.I.L. and FL Rules, 1970 and consequently set aside the same and to grant such other relief or reliefs as this Honourable court deems fit and proper in the circumstances of the case.

(2.) Petitioner is a licencee in form IL-24 and it established a wine shop at Nekarikallu village and Mandal, Guntur district. It feels aggrieved by the orders of the Government in G.O.Rt.No.2106, dated 30.12.2004, and the consequential order dated 03.01.2005 passed by the second respondent, permitting the third respondent to shift its wine shop from Gullapalli village to Nekarikallu village. The petitioner contends that shifting of IL-24 shop is permissible under Rule 35 of the A.P. Indian Liquior and Foreigh Liquor Rules, 1970 (for short the Rules) only within the revenue village/Municipality/Municipal corporation concerned and not from one village to another.

(3.) Sri. C.B. Mohan Reddy, learned counsel for the petitioner, submits that the matter of shifting of IL-24 shops is governed by Sub-Rule (2) of Rule 35 of the Rules and under the Rule, as it stands now, shifting is permissible only within the same village and not from one village to another. He contends that while issuing G.O.Rt.No.2106, dated 30.12.2004, the Government referred to the Rule, before it was amended, and even according to the un-amended Rule, Shifting of shops from one village to another is permissible if only there is no existing shop in the revenue village to which the shop is proposed to be shifted. Learned counsel states that the Government has no power to grant exemption and the G.O. as well as the consequential order cannot be sustained in law.