B MURALIDHAR REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) Whether the amendment made in Rule 27 (1) of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short, 'the Shop Rules') vide G.O.Ms.No.598, Revenue (Ex.II), dated 26-5-2006, which was published in Andhra Pradesh Gazette (Extra-Ordinary) dated May 26, 2006 extending the restriction of 100 meters against the location of liquor shops from the places of public worship, educational institutions and hospitals to Municipal Corporation areas is violative of Articles 14, 19 and 300-A of the Constitution is the question which arises for determination in these petitions (except taken up Writ Petition Nos.9662 and 11640 of 2006) filed under Article 226 of the Constitution of India. Writ Petition No.9662 of 2006 is an off-shoot of order dated 10-4-2006 passed by the Court in Writ Petition No.482 of 2006 whereby, while disposing of that writ petition, the Court suo motu directed the Commissioner of Prohibition and Excise to submit a report to the Court regarding location of liquor shops in violation of Rule 27 (1) of the Shop Rules, Writ Petition No. 11640 of 2006 was registered as a taken up petition on the basis of letter dated 2-6-2006 sent by Smt.C. Jayasree, Headmistress, Sri Telaprolu Bapanaiah English Medium High School, Vijayawada with the complaint that "Chandamama Wine Shop" was located at a distance of 20 feet from the school in complete violation of the norms laid down by the government and prayed that the respondents be directed to remove the liquor shop from the vicinity of the school.

(2.) The Facts: For the sake of convenience, we have taken the facts from Writ Petition No. 13042 of 2006 filed by B. Muralidhar Reddy and nine others for quashing Clause 15 of G.O.Ms.No.598, Revenue (Ex.III) Department, dated 26-5-2006 whereby Rule 27 of the Shop Rules was amended and for issue of a mandamus to the respondents to allow them to run liquor shops in the existing premises by suspending the operation of the distance rule.

(3.) All the petitioners are engaged in the sale of Indian Made Foreign Liquor (IMFL) and Foreign Liquor (FL) at different places in Hyderabad. They were granted licences by the competent authority in accordance with the provisions of the, Andhra Pradesh Excise Act, 1968 (for short, 'the Act') and rules framed thereunder. The term of licences issued in their favour under the Shop Rules ended on 30th June, 2006. In the meanwhile, Collector and District Magistrate, Hyderabad issued notice dated May 27, 2006 for conducting auction for grant of lease of right to sell IMFL/FL by shop for a period of two years commencing from 1-7-2006. All the petitioners submitted their respective tenders for different shops and gave highest bids. Their bids were accepted by the competent authority. Thereafter, Prohibition and Excise Superintendent, Dhoolpet, Hyderabad issued letters dated 5-6-2006 to all the petitioners requiring them to complete the formalities for grant of licence in Form A-4. One of the conditions enumerated in the letters was that the premises should be located in conformity with Rule 27 (1) of the Shop Rules, which had been amended vide G.O.Ms.No.598, Revenue (Ex.II) Department, dated 26-5-2006. The petitioners did not comply with the said condition. Instead, they filed the writ petition under Article 226 of the Constitution with the complaint that the respondents are not allowing them to operate shops from the present sites on the ground that the same are located within 100 meters of the places of public worship or educational institutions or hospitals. The petitioners have relied on the unamended Rule 27 (1) and averred that the amendment made vide G.O.Ms.No.598 dated 26-5-2006 prohibiting location of shops within 100 meters from the places of public worship, educational institutions and hospitals is discriminatory and violative of their fundamental right to equality guaranteed under Article 14 of the Constitution. They have referred to Rule 6 of Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 (for short, 'the Bar Rules') to show that there is no prohibition on the running of bar within 100 meters of the places for public worship, educational institutions and hospitals in the municipal corporation areas and pleaded that if liquor can be sold and consumed in the bar situated within 100 meters of places of public worship, educational institutions and hospitals, there is no justification to impose prohibition on the running of shops within 100 meters of such places and institutions. They have further averred that location of liquor shops within 100 meters of the places of public worship, educational institutions and hospitals does not in any manner affect the people living in the vicinity or those going to the places of public worship or educational institutions or hospitals because the liquor is required to be sold in sealed bottles and the same cannot be consumed at the shop.