The petitioner, who claims to be a private employee and worshiper in Masjid-E-Qutub Shahi Mosque (for short “the mosque”), filed this writ petition for a mandamusto declare the action of respondent Nos.1 to 3 in granting licence to respondent No.4 in Form - A4 to sell liquor in retail in the premises bearing No.3-3-40, Kachiguda, Hyderabad, as illegal, arbitrary and in violation of Rule 25 of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules, 2012 (for short ‘the Rules’).

The petitioner has objected to the grant of licence to respondent No.4 for selling liquor in retail on the sole ground that the mosque is situated within 100 meters of the licensed premises and therefore, the same is hit by the provisions of Rule 25 of the Rules. Respondent Nos. 3 and 4 filed separate counter-affidavits, wherein they have disputed the plea of the petitioner with respect to the distance between the mosque and the licensed premises in which respondent No.4 is running the liquor business. This Court has appointed an Advocate Commissioner to measure the distances in terms of Rule 25 of the Rules and submit a report. Accordingly, the Advocate Commi