ARJI SANKARA RAO Vs. GOVT OF A P

JUDGEMENT

(1.) THE writ petitioners claim to be the residents of Visakhapatnam town who are interested in obtaining licence for sale of Liquor in retail.

(2.) AS per the provisions of A. P. Excise (Lease of Right of Selling by shop and Conditions of Licence) Rules, 2005, the 2nd respondent Commissioner of Prohibition and Excise, vide proceedings dated 25-52005, fixed the number of licences to be granted in Visakhapatnam district for the year 2005-2006, duly specifying the areas/localities. In pursuance thereof, Notification dated 26-5-2005 was issued by the district Collector, Visakhapatnam, inviting tenders from the intending tenderers for grant of lease for a period of one year i. e. , from 1-72005 to 30-6-2006, specifically mentioning that the lease of right to sell Indian Liquor and Foreign Liquor by shop as specified in the list appended to the said Notification will be auctioned through sealed tenders on 2-6-2005 as per the terms and conditions specified thereunder. So far as the Visakhapatnam Municipal Corporation is concerned, 51 leases were proposed to be granted by auction through sealed tenders. In Annexure-I to the Notification, the area/ locality wherein the said leases were proposed to be granted together with respective upset prices were mentioned.

(3.) IT is not in dispute that in the said Notification, dated 26-5-2005, no shops were earmarked/ allocated insofar as Ward Nos. 6, 19, 30 and 31 of the Visakhapatnam Municipal Corporation are concerned. It is also not in dispute that so far as the shops in other wards which were identified and earmarked for grant of leases, the auctions were conduction as per the schedule and leases were granted to the respective successful bidders.