HEERANGAR WALFARE ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) WP No. 16889 of 2008 is filed by Heeranagar welfare Association, Gudimalkapur, seeking a direction to the respondents to implement Rule 27 (1) of the Andhra Pradesh excise (Lease of Right of Selling by Shop and Conditions of Licences) Rules, 2005, (hereinafter referred to as 'excise Rules, 2005'), in respect of the shops of respondents 7 and 8 on the ground that they are located within 100 metres from two educational institutions namely Sri Chaitanya Kalasala, gudimalkapur X Roads, Hyderabad and mnr Group of High Schools, Gudimalkapur x Roads, Hyderabad. The petitioners also seek to have the action of respondents 2, 4 to 6, in granting licences, under Rule 5 of the Excise Rules, 2005, to respondents 7 and 8 for sale of Indian Made Foreign liquor and Foreign Liquor (IMFL and FL) at their respective premises in Gudimalkapur, vide proceedings dated 2. 7. 2008, declared as illegal and arbitrary.

(2.) DURING the pendency of this writ petition, the respondent authorities, claiming to have realized their lapse in granting licences to respondents 7 and 8 contrary to rule 27 (1) of the Excise Rules, 2005, issued proceedings dated 22. 9. 2008 calling upon them to select another alternative premises within the notified area in conformity with rule 27 (1 ). Aggrieved thereby, W. P. Nos. 21387 and 21910 of 2008 were filed by the 7th and 8th respondents in W. P. No. 16889 of 2008 respectively. In both these writ petitions, the proceedings dated 22. 9. 2008 are under challenge as arbitrary, illegal and in violation of principles of natural justice. All the three writ petitions were heard together and are now being disposed of by a common order. Parties to these writ proceedings shall, hereinafter, be referred to as they are arrayed in W. P. No. 16889 of 2008.

(3.) FACTS, in brief, are that the third respondent issued a notification dated 6. 6. 2008 inviting tenders for grant of licences for the period 1. 7. 2008 to 30. 6. 2010. The notified areas for the two shops, which are the subject-matter of these writ petitions, were listed at Sl. Nos. 127 and 128 in the said notification. A copy of the auction conditions were supplied to all prospective tenderers including respondents 7 and 8. Condition No. XXIII thereof stipulated that the premises, for sale of IMFL and FL, should be in conformity with Rule 27 (1) of the excise Rules, 2005 and that a licence in form A4 should be obtained, by the successful tenderers, from the Prohibition and Excise Superintendent, to commence business from 1. 7. 2008. Condition No. XXIV specified that such a licence was to be governed by the provisions of the A. P. Excise act, 1968 and the various rules mentioned thereunder. Respondents 7 and 8 submitted their respective bids and were held to be the successful tenderers for the shops at sl. Nos. 127 and 128. They selected shops which, on enquiry by the Station House officer, were found to be within 100 metres from MNR Group Schools and Sree chaitanya Junior College at Gudimalkapur. However, on the basis of a copy of the list of recognized schools furnished by the district Educational Officer, Hyderabad and, on being informed by the Principal of Sree chaitanya Junior College that they were running academic classes at Gudimalkapur under the management of Sree Chaitanya kalasala, Mehedipatnam, the Station House officer came to the conclusion that MNR group Schools and Sri Chaitanya Junior college located at Gudimalkapur were not recognized by the Education Department. The Station House Officer informed the 6th respondent that, as per the list of recognized colleges provided by the Director of the board of Intermediate Education, there was no such college as Sree Chaitanya Kalasala at Gudimalkapur and, though these two educational institutions i. e. , MNR Group schools and Sree Chaitanya Kalasala were situated within 100 metres, there was no prohibition to establish a liquor shop since these educational institutions were not recognized either by the State or the Central government. He came to the conclusion that the premises selected by respondents 7 and 8 were in accordance with Rule 27 of the Excise Rules, 2005. Respondents 7 and 8 were granted licences, to establish shops at the approved premises, on 2. 7. 2008.