ORDER :

Tarlada Rajasekhar Rao, J.

The present Writ Petition is filed aggrieved by the action of the respondent No.1 in issuing G.O.Ms.No.211, dated 30.09.2024, Revenue (Excise) Department, for allotment of liquor shops in the State of Andhra Pradesh and implementing the said G.O. to the agency 5^th scheduled areas, without obtaining prior resolution of the Grama Sabha as contemplated by the Panchayats Extension to Scheduled Areas Act, 1996 and Rules, 2011 on the ground that the said act of the respondent No.1 is bad, arbitrary, illegal, unconstitutional and clear violation of Article 244(1) r/w fifth Schedule to the Constitution of India and Panchayat Extension to Scheduled Areas Act, 1996 and Rules 2011 (hereinafter called PESA Rules, 2011).

2. It is narrated in the affidavit that the Government has invited private persons/ entities to make applications for grant of privilege for selling of IMFL and FL by shops and the selection process for grant of privilege to the shop shall be by Drawl of Lots and the G.O.Ms.No.211 is silent about the implementation of agency scheduled areas. And the said allotment of shops by drawl is contrary to the PESA Rules, 2011.

3. It is gainful to extract the relevant PESA Rule for effective disposal of the Writ Petition, is hereby extracted:

8. Powers and functions of Gram Panchayats and Mandal Parishads (a) The Department concerned shall inform its intention to establish a unit for manufacturing liquor in a village to the Gram Sabha concerned for its opinion on the production or manufacture of liquor in the said village. Gram Sabha will convey its opinion in the form of a resolution within four weeks. Based on the resolution of the Gram Sabha the department concerned shall act upon about the production/ manufacture of liquor in the village under intimation to Gram Sabha concerned.

(b) The Gram Sabha shall be consulted before the grant of any license to open liquor shop in the village. Gram Sabha will convey its opinion in the form of resolution within four weeks. The license shall be granted to local scheduled tribe only.

(c) The Department concerned shall issue a speaking order for granting or not granting any license to open liquor shop/bar in the village under intimation to the Gram Sabha concerned. The Gram Sabha resolution shall be binding and final.

(d) The Gram Sabha shall determine the quantity of traditional liquor that may be brewed/ produced by the Scheduled Tribes living in a village for their consumption but not for sale having regard to the traditions, customs relating to consumption of local liquor during marriage and other social and religious ceremonies and their cultural identity.

4. It is further stated that the petitioners made representations to the respondents to follow PESA Rules, 2011, before allotting shops on drawl to the respective stakeholders, but they have not followed the same. Hence, the present Writ Petition is filed to direct the respondents to obtain prior permission of the concerned Grama Sabha before allotting shops on drawls.

5. Pending disposal of the Writ Petition, the unofficial respondents and stakeholders have filed I.A. No.1 of 2024 to bring them as party respondents to the Writ Petition for effective disposal of the Writ Petition. The said I.A. was allowed vide order dated 20.03.2025 and unofficial respondents are brought on record.

6. The official respondent Nos.8 and 10 have filed their counter affidavit denying all the averments made in the Writ Petition. At the outset, it is stated that no legal or fundamental right of the Writ Petitioners herein have been violated by the allotment of the A4 licenses to the unofficial respondents and the shops were disposed of only proposals by allotting to the ST candidates conducted on 14.10.2024 and no private persons have been allotted the shops in the fifth scheduled agency area and relied on the judgments of the Hon’ble Apex Court in the case of Ayaaubkhan Noorkhan Pathan v. State of Maharashtra, (2013) 4 SCC 465 for th