BADIGA SRI LAKSHMINARAYANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE writ petition is misconceived, is speculative and has no legal foundation.

(2.) THE petitioner assails the grant of a Form 2b licence under the provisions of the Andhra Pradesh Excise (Grant of licence of Selling by Bar and Conditions of licence) Rules, 2005 (for short 'the Bar rules 2005' ).

(3.) THE syllogism of the petitioner's grievance runs as under: the petitioner was granted a licence to sell liquor by shop under the provisions of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of licences) Rules, 2005 (for short 'the Shop rules 2005') for the period 1. 7. 2008 to 30. 6. 2010. In the notification that led to the grant of a Form A-4 licence to the petitioner, the petitioner was not sensitized to the possibility of a bar and restaurant licence being granted in future in the vicinity of the petitioner's premises. The petitioner nurtured a hope that there would be no competition for the vending of liquor by shop from a bar and restaurant licence and therefore he bid a high amount i. e. , Rs. 59,99,999/- for the 2-year period of his licence. However on an application by the 5th respondent for grant of a Form 2b licence, the 2nd respondent had granted approval for facilitating grant of licence to the 5th respondent. As a consequence, the petitioner suffers a diminution of his business.