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 a Hanuman temple nearby the said wine shop. The petitioner herein has made applications dated 25.10.2019 and 13.11.2019 to 2nd and 3rd respondents requesting them to prevent construction of the wine shop at unauthorized place at Chima Naik thanda, which is other than the permitted place of Lingoji thanda. Despite receiving and acknowledging, they have not taken any action. The General Secretary and Vice President of the PESA Committee, established under the Panchayats (Extension to Scheduled Areas) Act, 1996 (for short, ‘the PESA Act, 1996’), along with 31 villagers of Chima Naik thanda, have given a representation dated 25.10.2019 to 3rd respondent to prevent the illegal and unauthorized construction of the wine shop by 5th respondent in the said unauthorized place of Chima Naik thanda but there is no response on the said representation also. Thus, according to the petitioner, 5th respondent is running wine shop in violation of the Rules notified vide G.O.Ms. No.598, Revenue (Exc-II) dated 26.05.2006, prescribing the location of liquor shops should be 100 meters far from the places of worship and educational institutions etc.

Contentions of 5th respondent

4. 5th respondent has filed counter denying the allegations made by the petitioner herein. 5th respondent, belongs to tribal, participated in the tender process with regard to wine shop in the scheduled area. She became a successful bidder and established the said wine shop in the name and style of “M/s.X-Road Wines” under valid license issued by the Superintendent, Prohibition and Excise. Adilabad. There is no violation of any conditions of license as alleged by the petitioner in the present writ petition. Petitioner is a Member of Mandal Parishad Territorial Constituency (MPTC) of Nagapur and Mandal Praja Parishad (MPP) of Utnoor Mandal, Adilabad. He is having political background. He is harassing 5th respondent herein and demanding an amount of Rs.1,00,000/-. 5th respondent did not pay the said amount and therefore the petitioner started making representations against 5th respondent and filed the present writ petition in the said course of action. According to 5th respondent, she has opened a retail outlet of wine shop in the name and style of ‘M/s.X-Road Wines’ and she is having valid license dated 01.11.2019 issued by the Superintendent, Prohibition and Excise, Adilabad. She has been paying all taxes to the authorities concerned regularly.

Contentions of learned Govt.Pleader for Prohibition and Excise

5. The petitioner herein did not make the licensing authority as a party to the writ petition. On field Inspection, the respondent authorities came to know that 5th respondent has established the wine shop within the schedule mentioned in the license. The said wine shop is established by 5th responde