ORDER :

This writ petition has been filed to declare the action of the respondents No.1 to 4 in granting licence of a liquor/wine shop for sale of alcoholic beverages along with permit room to respondent No.5 in residential area/locality as illegal and arbitrary and contrary to the provisions of the Telangana Excise Act, 1968 (for short ‘the Act’) and the Telangana Excise (Grant of Licence of Selling by Shop and Conditions of Licence) Rules, 2012 (for short ‘the Rules’) and the order dated 07.01.2022 passed by this Court in WP(PIL).No.64 of 2017. The petitioner also sought a consequential direction to cancel the licence issued in favour of the respondent No.5.

2. It is stated that the petitioner is a resident of Fortune Green Homes, ‘Golden Oriole’, which consists of 245 apartments and had been authorized by the flat owners to file this writ petition. The wine shop along with permit room of the respondent No.5 is located right adjacent to many apartments like BRC Sri Hemadurga Siva Hills (consisting of more than 500 residents) and other stand alone apartment with almost 100 families residing.

3. Learned counsel for the petitioner contended that the respondents No.1 to 4 failed to apply their mind and without undertaking proper survey of the locality, granted licence to the respondent No.4 in residential area consisting of almost 1000 families. Recently, a Bench of Hon’ble the Chief Justice passed order in WP(PIL).No.64 of 2017 dated 07.01.2022 directing the concerned authorities to make sure that wine shop with permit room should not be permitted in residential area. The respondents No.1 to 4 failed to comply with the directions given by this Court and permitted the respondent No.5 to establish wine shop with permit room in a residential area.

4. Learned counsel for the petitioner submitted that apart from Fortune Green Homes consisting of 245 apartments, there are two big gated communities one right adjacent and one exactly opposite to the wine shop cum permit room of respondent No.5and many other stand alone apartments. BRC Sri Hemadurga Siva Hills, which is right adjacent and shares a common wall boundary with the wine shop cum permit room, has almost 500 families residing and there are two more blocks under construction which will accommodate another 200 families, once completed. BRC Sri Hemadurga Siva Hills also has a temple inside the community. There is a gated community with 245 flats opposite to the wine shop cum permit room of the respondent No.5. If the respondent No.5 completes construction of the shop and is permitted to commence business, it will create law and order problem, traffic congestion, problem of safety for women, children and elderly people residing in the area. It will also cause nuisance, accumulation of garbage, dirty smell etc.

5. The respondent No.4/District Prohibition and Excise Officer, Shamshabad, filed a counter opposing the writ petition. It is stated that during the drawal of lots of A4 shops on 20.11.2021, the respondent No.5 was found to be successful applicant of A4 shop of Gazette Sl.No.SSB065 of Manikonda Municipality, Ranga Reddy District. The respondent No.5 selected premises bearing Sy.No.192 situated at Puppalaguda for establishment of A4 shop in the name and style of M/s. S.S.S Wines for the license period 20212023. The said premises was obtained on lease by the respondent No.5. The respondent No.5 submitted representation along with lease deed and blue prints of the proposed premises and requested for issuance of A4 and A4(B) licences. During inspection of the premises, it was found that A4 shop was located on the main road leading Narsingi to Shaikpet, Dargah (Mehdipatnam main road), which is in commercial area and it was in conformity with Rule 25(3) of the Rules. Hence, the Station House Officer, Shamshabad, has recommended for grant of licences in Form-A4 and A4(B) in favour of the respondent No.5.

6. It is further stated that A4 shop and permit room of the respondent No.5 are loca