V. Eswaraiah, J.

This appeal is filed against the 'order of learned Single Judge dated 15.6.2011 in W.P. No. 2053 of 2011 in dismissing the writ petition filed by the petitioner, questioning the proceedings No. Cr.No.615/2011/CPE/ G3 dated 24.01.2011 issued by the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad, the first respondent herein, permitting the 5"1 respondent to shift his licensed premises of A4 shop running under the name and style of "M/s. Jagadamba Wines" L.No.163/ 10-12 from the existing premises at D.No.98/3, Jeelugumilli Village and Mandal to newly proposed premises at D.No.4-15, Lakshmipuram Village, Jeelugumilli Mandal, under Rule 29(3) of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2005 (for short the Rules).

2. Briefly stated, the facts of the case necessary for the disposal of this appeal are as follows;

3. The petitioner is the licence holder of the shop covered by SI.No.156 of the relevant Gazette for the Locality/Area Taduvai Village of Jangareddygudem Mandal under lease period from 01.07.2010 to 30.06.2012. He has been running his business under the name and style of "M/s. Srija Wines". On the other hand, the 5th respondent herein is the license holder of shop no. 163 of Jeelugumilli village, she has been running her business under the name and style of "M/s. Jagadamba Wines". While so, the 5th respondent made a representation on 19.08.2010 to the first respondent seeking permission to shift her wine shop from Jeelugumill Village to Lakshmipuram Village, on the premise that she was incurring loss in her business. On coming to know about the same, the petitioner/appellant submitted his objections dated 30.08.2010 to the District Collector, West Godavari, in which it is claimed that Laxmipuram Village is very near to his shop and if the fifth respondent's wine shop is permitted to be shifted to Laxmipuram Village he would be made to suffer heavy loss in his business and therefore his shop may also be permitted to be shifted to Jangareddygudem Village.

4. The first respondent, on the consideration of the matter issued the impugned proceedings dated 24.01.2011 granting permission to the fifth respondent to shift his licenced premises of A4 shop to Laxmipuram Village of Jeelugumill Mandal under Rule 29 (3) of A.P. Excise (Lease of. Right of Selling by Shop and Licence Conditions) Rules, 2005. Aggrieved by the same, the petitioner, approached this Court by filing W.P. No. 2053 of 2011. Initially, while admitting the writ petition, interim suspension of the impugned proceedings was granted by the learned Single judge by order dated 2.2.2011.

5. In the writ petition, the second respondent filed a counter affidavit on his behalf as well as on behalf of the respondents 1, 3 and 4 inter alia in which it is admitted that the petitioner is licence holder of shop No.156 at Taduvai Village of jangareddigudem Mandal for the lease period from 01.07.2010 to 30.06.2012 whereas the fifth respondent is the licensee in respect of shop notified at Gazette SI.No.163 at jeelugumulli Village and mandal. Further it is stated as follows:-

6. Whereas, the fifth respondent submitted a representation for the shifting of her wine shop from Jeelugumulli Village to Laxmipuram Village of same Jeelugumulli Mandal, the fourth respondent upon making necessary errquiries reported that as there were two liquor shops at Jeelugumilli Village, the fifth respondent was incurring loss in her business duly quoting the lifting of IMFL cases by both the licensees of the said village and recommended for the shifting of the shop from Jeelugumilli Village to Laxmipuram Village; that Laxmipuram Village is not very near to the petitioner'~ shop at Taduvai Village as the distance in between them is 4 K.Ms., that Taduvai Village comes under Jangareddigudem Mandal whereas Laxmipuram Village comes under Jeelugumilli Mandal; that the request of the petitioner to shift his shop to Jangaredd