( 1 ) INTRODUCTION :the petitioner was granted Form il 24 licence under the provisions of A. P. Excise Act, 1968 (for short, the Act), and a. P. Indian Liquor and Foreign Liquor rules, 1970 (for short, the Rules) during the year 1998-1999 permitting him to run a retail Indian Liquor shop at Vepagunta village, Pendurthi Mandal. It was renewed from time to time and now it is valid till 31. 3. 2003. The second respondent herein, prohibition and Excise Superintendent, visakhapatnam, who is the licensing authority granted Form-IL24 licence on 5. 7. 2002 to the third respondent to sell all kinds of indian Liquor/foreign Liquor on the premises in S. No. 42/3 of Laxmipuram Panchayat, pendurti Mandal. This licence is assailed by the petitioner mainly on the ground that the second respondent violated Article 14 of the constitution of India and denied "equality before law" to the petitioner.

( 2 ) FACTS in brief leading to filing of the case are as follows. The second respondent issued Notification No. 36/2002 dated 8. 4. 2002 inviting applications for grant of IL-24 licences for the year 2002-2003. In the said Notification it was indicated that in as many as 29 Mandals of Visakhapatnam district, the Government decided to grant one Form IL 24 licence in each Mandal. The licence fee payable in each Mandal was also indicated. The licence fee payable for the IL 24 shop to be granted in pendurthi Mandal is fixed at Rs. 3. 00 lakhs whereas the licence fee for the shops in visakhapatnam Urban and Visakhapatnam rural Mandals is fixed at Rs. 12. 30 lakhs and Rs. 8. 25 lakhs respectively.

( 3 ) FOR Pendurthi Mandal, third respondent submitted an application seeking licence and he was selected as successful applicant as per the procedure contemplated in paragraph V of the conditions for grant of licence appended to the Notification. The third respondent therefore made an application seeking licence and permission to open a shop at Lakshmipuram Village. Be that as it may, when the second respondent did not grant licence to the third respondent, as there was controversy regarding the distance of Lakshmipuram village from the periphery of Visakhapatnam municipal Corporation, he filed writ petition being W. P. No. 10746 of 2002 seeking a writ of mandamus directing the respondents to grant IL 24 licence to him. However, the said writ petition was withdrawn by the third respondent presumably due to grant of licence on 5. 7. 2002. The petitioner, who was granted Form IL 24 licence at Vepagunta by fixing an amount of Rs. 12. 30 lakhs (as the same falls within five kilometers belt from the periphery of the Visakhapatnam municipal Corporation) challenged the grant of licence to the third respondent for an amount of Rs. 3. 00 lakhs alleging that such grant is illegal and that the respondents ought to have collected an amount of Rs. 12. 30 lakhs as Lakshmipuram is also falls within five kilometers belt from the periphery of the Corporation. When the matter was listed for admission before me on 17. 7. 2002 it was brought to my notice that the other two writ petitions being WP Nos. 9062 and 9285 of 2002 regarding the same subject-matter are pending before this Court. Therefore, i directed that all the three matters to be listed before this Court on 24. 7. 2002. On that day, the earlier two writ petitions were disposed of as infructuous.

( 4 ) THE respondents 1 and 2 have not filed counter-affidavit in the present writ petition. However, the learned Government pleader for Excise has placed a copy of the counter-affidavit filed by the Excise superintendent in WP Nos. 9062 and 9285 of 2002. It is necessary to refer to various averments in the said counter. The licence fee in respect of retail shop situated within the belt of five kilometers from the periphery of the Corporation shall also be at the rate of fee prescribed for retail shops within the limits of the Corporation. In other words, if the distance is below five kilometers, the licence fee