ORDER:

Mandamus= or any other appropriate writ, with the following order or direction:

A. To declare the action of the Respondent No.6, in

300-A of the Constitution of India, B. To declare the proceedings Rc.No.349/2021/A4 dated

13.08.2021 issued by the Respondent No.4 authorizing and directing the Respondent No.5 to obtain (i) Bye-laws of Petitioner Club, (ii) Working Committee Tenure Particulars, (iii) list of existing club members and their details & (iv) copy of resolution, under garb of investigation in Cr.No.134/2021 dated 11.08.2021 on the file of Respondent No.6 as being illegal, arbitrary and wholly without jurisdiction and in gross violation of the provisions of AP Excise Act, 1968, and in violation of Articles 14, 19 and 21 of the Constitution of India, C. To declare the action of the Respondents in seizing/sealing the restaurants in the premises of the Petitioner Club under guise of investigation in Cr.No.134/2021 dated 11.08.2021 on the file of Respondent No.6 as being illegal, arbitrary, wholly without jurisdiction, without authority of law and highhanded, and in gross violation of the provisions of AP Excise Act, 1968 and in violation of Article

19(1)(g) and 300A of the Constitution of India, D. Consequently to quash Cr.No.134/2021 dated

11.08.2021 on the file of the Respondent No.6, and E. Consequential direction to set aside the impugned proceedings Rc.No.349/2021/A4 dated 13.08.2021 issued by the Respondent No.4 authorizing and directing the Respondent No.5 to obtain (i) Bye-laws of Petitioner Club, (ii) Working Committee Tenure Particulars, (iii) list of existing club members and their details & (iv) copy of resolution of the Petitioner Club.

2) The Respondent No.4 filed counter-affidavit.

3) The case of the petitioner is that the petitioner Club was established in the year 1883 for providing recreational and other facilities to Europeans who were working in East Coast Railways and East Coast Battalion and for other Civilian Officers staying in Visakhapatnam and constructed halls, auditoria, beauty parlour, library, gym, dining hall, restaurant, pub, etc. As a part of its recreational facilities, the petitioner Club intended to make available liquor to its members, in a designated consumption area, within the Club premises, for which the petitioner obtained license under Andhra Pradesh Excise Act, 1968, r/w Andhra Pradesh Excise (Grant of Licence of Selling by in-house and Conditions of Licence) Rules, 2005 in Form C-1.

4) The learned counsel for the petitioner submitted

to 30.06.2021.

5) It is further submitted that on expiry of the above said license, the Secretary of the Petitioner Club applied for in-house Club license in Form C-1 for the license period 2021- 22. The Respondent No.2 examined the said application in detail and after due enquiry, granted C-1 license vide proceedings C.R.No.3147/2021/CPE/E2 dated 08.08.2021 in favour of the Petitioner Club with a permission to allow consumption of liquor in the club premises as was permitted for the year 2020-21 and further requested the Respondent No.4 to take necessary action for issuance of license in form C-1 for the years 2021-22. The issuance of license in Form C-1 for the lease year commencing from 01.07.2021 to

30.06.2022 was mere formality for the Respondent No.4. 6) It is further submitted that on 10.08.2021 the

No.6 refused the said request.

7) It is further submitted that the Respondent No.4 served proceedings in Rc.No.349/2021/A4 dated 13.08.2021 upon the petitioner club wherein it is stated that the Respondent No.4 instructed the Respondent No.5 to obtain (i) Bye-laws of petitioner club, (ii) Working Committee Tenure Particulars, (iii) list of existing club members and their details and (iv) copy of resolution for the purpose of investigation in FIR.No.134/2021 dated 11.08.2021 on the file of the Special Enforcement Bureau Station, Visakhapatnam.

8) It is further submitted that from the impugned

license.

9) It is contended by the learned counsel for the pet