V NARAYANA Vs. S BABU RAO

JUDGEMENT

(1.) This writ appeal is directed against the order in writ petition No. 5176/77 by which the order of the District Collector (Excise), Hyderabad directing the shifting of the arrack shop of the 5th respondent from Hammal Basthi to Warasinguda locality, was a quashed and the 5th respondent was directed to shift the same to any place in Hammal Basthi locality within 15 days of the date of receipt of the order. The 5th respondent in the writ petition is the appellant before us.

(2.) The appellant was granted a licence under the Andhra Pradesh Excise (Arrack and Toddy Licences General Conditions) Rules 1969 for the excise year 1977-78 in respect of Hammal Basthi and Warasiguda group of arrack-shops. He opened the shop at a place very near the Secunderabad Railway over- bridge in Hammal Basthi on 1-10-1977. The railway workers and the authorities living in the vicinity objected to the location of the shop at that place. The Excise Authorities, therefore, seized the licence. The appellant thereupon filed an application to permit him to shift his shop to Warsiguda. That petition was allowed by the District Collector (Excise), Hyderabad by his order dated 18-10-1977 and in pursuance of that order the appellant opened the shop in Warsiaguda on 21-10-1977. The respondents 1 to 3 herein who were licensees for the Adikmet and Parasigutta group of arrack shop filed the present writ petition inter alia contending that (1) the Collector, Excise, the 6th respondent had no jurisdiction to order the shifting of arrack shop; (2) that Warsiguda was not included in Hammal Basti locality and the arrack shop could not have been within the area of operation of the licensee (3) that the circumstances did not justify the shifting of the shop to Warasiguda.

(3.) It may be stated that earlier almost on identical grounds the contractor of Seethafalmadi group of arrack shops filed a writ petition ( W. P. 4779/77) challenging this very order of shifting made by the District Collector (Excise), Hyderabad. That petition was dismissed on 21-11-1977 by our learned brother Gangadhara Rao, J. holding that in view of rule 5 read with Andhra Pradesh Excise Delegation of Power Rules, 1972 the District Collector was competent to exercise powers of the Commissioner and direct the shifting of the shop. Warasiguda was also held to be within Hammal Basti locality.