In both these writ petitions, applications submitted by the petitioners for grant of licences to establish Bar in Narsapuram Town and Vijayawada Corporation were rejected on the ground that already more number of bars exist in the respective towns as compared to ratio of bars vis-à­is population of the towns, and therefore it is not possible to permit the petitioners to establish bars. Aggrieved thereby, these writ petitions are filed.

2. In Writ Petition No.33264 of 2010, petitioner was granted licence to run Bar and Restaurant in Narsapuram town, in the name and style of ‘Sri Sudha Restaurant and Bar’, for the excise year 2008-2009. The premises in which the said licence was established was secured by the petitioner on lease. The lease of the premises expired on 30.06.2009 and petitioner was to evict the premises; on 29.06.2009, petitioner applied for renewal of licence and also for shifting of location of the Bar. On 06.10.2009, petitioner submitted another application to locate the Bar in Door No.5-9/4-29 and to grant licence.

3. Petitioner invoked the jurisdiction of this Court by filing Writ Petition No.14253 of 2010 complaining that no orders are passed on his applications and praying to consider his applications dated 29.06.2009 and 06.10.2009. The said writ petition was disposed of on 29.6.2010 directing the first respondent therein to consider the request of the petitioner in accordance with Government Orders issued in G.O.Rt. No.833, dated 11.06.2010.

4. By order dated 07.12.2010, request of the petitioner for renewal of licence as well as grant of licence in new premises was rejected by the Commissioner, which order is impugned in this Writ Petition. Commissioner held that there is no provision for renewal of licence which had already expired. As with reference to the representation of the petitioner dated 06.10.2009, Commissioner held that a bar licence is granted to an existing Restaurant and as no Restaurant was functioning at the proposed premises, Bar licence cannot be granted. He further held that in Narsapuram Municipality for the excise years 2010-11 and 2011-12 already two bars and six A4 shops are functioning and there is no requirement for the third bar. Commissioner placed reliance on the provisions of Rules 4 and 5 of Andhra Pradesh Excise (Grant of Licence by Selling by Bar and Conditions of Licence) Rules, 2005, (herein after referred to as the Rules) and orders of the Government in G.O.Ms. No.723, dated 02.08.2010.

5. By order dated 10.11.2011, this Court passed interim orders in W.P.M.P. No.42204 of 2010 directing the second respondent to consider the request of the petitioner for grant of licence to establish a bar without reference to G.O.Ms. No.723, dated 02.08.2010. This order was challenged by the respondents in Writ Appeal No.380 of 2012. By order dated 12.04.2012, in W.A.M.P. No.781 of 2012, the Division Bench of this Court stayed the order of learned single Judge. By order dated 9.8.2012 Writ Appeal was disposed maintaining the interim order granted on 12.04.2012 till the disposal of the Writ Petition.

6. In Writ Petition No.33490 of 2010, petitioners intend to establish Bar and Restaurant in Vijayawada Municipal Corporation. Petitioners’ submitted application dated 11.08.2009 for prior clearance. Commissioner of Excise passed orders on 13.09.2010 rejecting the request for grant of licence on the ground that there are more number of bars than permissible in Vijayawada Corporation. By order dated 11.11.2011, this Court passed interim orders in W.P.M.P. No.42466 of 2010 directing the second respondent therein to consider the request of the petitioner for grant of licence to establish a bar without reference to G.O.Ms. No.723, dated 02.08.2010. This order was challenged by the respondents in Writ Appeal No.369 of 2012. By order dated 18.04.2012, in W.A.M.P. No.749 of 2012, the Division Bench of this Court stayed the order of learned single Judge. Writ Appeal was disposed of on 09.08.2012