ORDER :

This Writ Petition is filed to declare inaction of respondent Nos.1 to 4 in shifting the subject wine shop or canceling the license, issued to 5th respondent, as illegal and also against the settled principles of law, particularly Rule 27(1) of A.P. Excise (Lease of Right of Selling by shop and conditions of License) Rules, 2005( for short, ‘the Rules’) notified vide G.O.Ms.No.598, Revenue (Exc-II) dated 26.05.2006, and consequently, direct the official respondents to shift the said wine shop forthwith from Chima Naik Thanda.

2. Heard Sri A.Anand Achary, learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition & Excise and Sri Gajanand Chakravarthy, unofficial 5th respondent and perused the record.

Contentions of the petitioner

3. 5th respondent has opened a retail outlet of the wine shop in Chima Naik thanda village which is at cross roads of Lingoji thanda gram panchayat as against permission and license given to her to run the wine shop in Lingoji thanda. The said wine shop being run by 5th respondent was near to Lal tekdi school, Gurukul school and Junior College of Lal tekdi, wherein thousands of students have been studying. There is