APHC010701682017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 18737/2017 BETWEEN:

1. E. RAMANA, S/o. E. PYDIYYA, AGED ABOUT 45 YEARS, OCC:

BUSINESS R/o.7-67, BOYAPALEM, GAMBHEERAM VISAKHAPATNAM.

...PETITIONER AND

1. STATE OF ANDHRA PRADESH, REVENUE (EXCISE- II)

DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. REP BY ITS PRINCIPAL SECRETARY.

2. THE COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA, KRISHNA DIST.

3. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, GOVERNMENT OF ANDHRA PRADESH VISHAKAPATNAM.

4. THE PROHIBITION AND EXCISE SUPERINTENDENT, VISHAKAPATNAM, VISHAKAPATNAM DIST.

5. THE PROHIBITION AND EXCISE SUPERINTENDENT, GAJUWAKA, VISHAKAPATANAM DIST.

...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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to consider the representation dated NIL of the petitioner for refund / adjust the amount already paid towards license fee of Rs.16.25 lakhs for the period commencing 1.4.2017 to 30.6.2017 by setting aside the impugned proceedings being Rc.No.36/2017/A2 dated 31.5.2017 issued by Respondent no.5 and be pleased to pass.

Counsel for the Petitioner:

1. YOGESH KUMAR HEROOR Counsel for the Respondent(S):

1. GP FOR PROHIBITION & EXCISE (AP) 2. GP FOR PROHIBITION EXCISE (AP)

The Court made the following:

ORDER:

The Writ Petition has been filed under Article 226 of the Constitution of India for the following reliefs:

“to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to consider the representation dated NIL of the petitioner for refund/ adjust the amount already paid towards license fee of Rs.16.25 lakhs for the period commencing 1.4.2017 to 30.06.2017 by setting aside the impugned proceedings being Rc.No.36/2017/A2 dated 31.5.2017 issued by Respondent no.5 and be pleased to pass any such further order or orders…..

2. The 5^th respondent-the Prohibition and Excise Superintendent, invited applicants to register their names on or before 5.00 pm of 30.03.2017 for consideration of grant of license for the period mentioned in the Gazette Notification No.19, dated 24.03.2017.

3. In pursuance of the Gazette Notification No.19, dated 24.03.2017, the petitioner submitted online application and he was selected in the draw conducted by the 5^th respondent and the petitioner was allotted a shop notified as VP/172 on 31.03.2017 and the license was provided from 01.04.2017 to 30.06.2019 and the petitioner herein has deposited an amount of Rs.16,25,000/- from 01.04.2017 to 30.06.2017 at applicable rates as per G.O.Ms.No.217 Revenue (Excise.II) Department, dated 22.06.2015 and license fee of Rs.16,25,000/- per annum from 01.04.2017 to 30.06.2019 and the petitioner was granted license falling within the 5 KM territory of Municipal Corporation and the licence fee was Rs.65,00,000/- per annum.

4. While so, the Hon’ble Supreme Court vide its Judgment in the case of State of Tamil Nadu v. K Balu and another, 2017 (2) SCC 281, given a direction to all States and Union Territories (UTs) shall forthwith cease and desist from granting license for sale of liquor along National and State Highways and existing licenses which have already been renewed prior to the date of order shall continue until the period of license expires but not later than 01.04.2017.

5. Be that as it may, subsequent to the directions given by the Apex Court in the case of State of Tamil Nadu v. K Balu and another, one Mr. K. Nagabhushana Rao and two others filed W.P. No.15855 of 2017 in the common High Court of Andhra Pradesh at Hyderabad and interim order came to be passed in