APHC010088002021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5131/2021 Between:

1. G OLLA SIVA NAGA RANI, W/O MOHANA RAO, AGED ABOUT 32 YEARS, OCC- HOUSEHOLD, R/O DOOR NO. 3-60, EDARA VILLAGE, AGIRIPALLE MANDAL, KRISHNA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, PROHIBITION AND EXCISE DEPARTMENT, REP. BY IT'S PD SECRETARY, SECRETARIAT, VELAGAPUDI VILLAGE,GUNTUR DISTRICT.

2. T HE JOINT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI.

MACHILIPATNAM.

3. T HE SUPERINTENDENT, , PROHIBITION AND EXCISE, VIJAYAWADA, KRISHNA DISTRICT.

4. T HE INSPECTOR, PROHIBITION AND EXCISE, NUZVID, KRISHNA DISTRICT.

5. N AKKABOYINA GOPALA RAO, S/O AMMAIAH, AGED ABOUT 32 YEARS, OCC- BUSINESS, R/O BODDANAPALLI VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not paying the rent for the use and occupation of the petitioner shed and land in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District for running retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, as illegal, arbitrary and contrary to the law and against Art. 300-A of the Constitution of India , and consequently direct the respondents to pay entire arrears of rent from the month of September- 2019 to 25-02-2021 in respect of retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District, and to pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to DIRECT the respondents to pay entire arrears of rent from the month of September- 2019 to 25-02-2021 in respect of retail liquor shop No. 06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No. 486/3A of Edara Village, Agiripalli Mandal, Krishna District. pending disposal of the Writ Petition and to pass Counsel for the Petitioner:

1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S):

1. GP FOR PROHIBITION EXCISE The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5131 OF 2021

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not paying the rent for the use and occupation of the petitioner shed and land in survey No.486/3A of Edara Village, Agiripalli Mandal, Krishna District, for running retail liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District, as illegal, arbitrary and contrary to the law and against Art.300-A of the Constitution of India, and consequently direct the respondents to pay entire arrears of rent from the month of September-2019 to 25-02- 2021 in respect of retail liquor shop No.06413, Edara, Agiripalli Mandal, Krishna District, established in the petitioner premises in survey No.486/3A of Edara Village, Agiripalli Mandal, Krishna District, and to pass such other order or orders…”

2. Heard Sri Sreenivasa Rao Velivela, learned counsel for petitioner and learned Government Pleader for Prohibition and Excise for respondent Nos.1 to 4.

3. The short grievance of the petitioner is that the respondents have failed to pay the rent for the use and occupation of the petitioner’s shed and land in survey No.486/3A of Edara Village, Agiripalli