SHAIK JAMEER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition has been filed to declare the action of the respondents No.1 to 4 in granting licence of a liquor/wine shop for sale of alcoholic beverages along with permit room to respondent No.5 in residential area/locality as illegal and arbitrary and contrary to the provisions of the Telangana Excise Act, 1968 (for short 'the Act') and the Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2012 (for short 'the Rules') and the order dtd. 7/1/2022 passed by this Court in WP(PIL).No.64 of 2017. The petitioner also sought a consequential direction to cancel the licence issued in favour of the respondent No.5.

(2.) It is stated that the petitioner is a resident of Fortune Green Homes, 'Golden Oriole', which consists of 245 apartments and had been authorized by the flat owners to file this writ petition. The wine shop along with permit room of the respondent No.5 is located right adjacent to many apartments like BRC Sri Hemadurga Siva Hills (consisting of more than 500 residents) and other stand alone apartment with almost 100 families residing.

(3.) Learned counsel for the petitioner contended that the respondents No.1 to 4 failed to apply their mind and without undertaking proper survey of the locality, granted licence to the respondent No.4 in residential area consisting of almost 1000 families. Recently, a Bench of Hon'ble the Chief Justice passed order in WP(PIL).No.64 of 2017 dtd. 7/1/2022 directing the concerned authorities to make sure that wine shop with permit room should not be permitted in residential area. The respondents No.1 to 4 failed to comply with the directions given by this Court and permitted the respondent No.5 to establish wine shop with permit room in a residential area.