APHC010082222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4443/2025 Between:

1. M ANUKONDA NARASIMHA SAMBIREDDY,, S/O. TRIPURAREDDY, AGED ABOUT 65 YEARS, OCC- BUSINESS, R/O. MANUKONDA KALYANA MANDAPAM, 12TH BLOCK, MACHERLA TOWN AND MANDAL, PALNADU DIST.(ERSTWHILE GUNTUR DIST).

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT.

3. T HE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, GUNTUR, GUNTUR DISTRICT.

4. T HE DISTRICT PROHIBITION AND EXCISE OFFICER, NARASARAOPET, PALNADU DISTRICT (ERSTWHILE GUNTUR DISTRICT).

5. M /S CHILLIES BAR AND FAMILY RESTAURANT, REP BY ITS PROPRIETOR YENUMALA KESAVA REDDY, S/O. CHINNA VEERA REDDY, AGED MAJOR, R/O. FAIT NO. 211, 8TH WARD, HEMASRI PRIDE APARTMENT, MACHERLA MUNICIPALITY, PALNADU DISTRICT (ERSTWHILE GUNTUR DISTRICT).

6. K ANAKANTI GOWRAMMA, W/O. LATE CHINNA KOTAIAH, AGED ABOUT 86 YEARS, OCC- HOUSE WIFE, R/O. DOOR NO. 5-47, GROUND FLOOR, NEAR BURUJU, OLD TOWN, MACHERLA TOWN AND MANDAL, PALNADU DIST. (ERSTWHILE GUNTUR DIST).

7. K ANAKANTI KASI VISWANADH, S/O. LATE CHINNA KOTAIAH, AGED ABOUT 49 YEARS, OCC- BUSINESS, R/O. DOOR NO. 5-47, GROUND FLOOR, NEAR BURUJU, OLD TOWN, MACHERLA TOWN AND MANDAL, PALNADU DIST. (ERSTWHILE GUNTUR 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 tomay be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent in issuing proceedings vide Rc.No. 13/2025/BI, dt- 11.01.2025, granting bar license bearing number 62/2022- 2025 to the 5th respondent at Door.No. 14- 1-345, Santhi Nagar, Revenue Ward - 14, Macherla Municipality, Palnadu District, without even considering any of the issues raised by the petitioner that the licensed property is a subject property of the pending civil case in O.S.No. 211 of 2024 before the Honble Principle Junior Civil Judge, Macherla and on which an interim order of Status-quo in I.A.No. 697 of 2024 was granted on 19.11.2024 and further 5th respondent is no way concerned with the said property in any manner as illegal, arbitrary, unjust, discriminatory and in violation of principles of natural justice apart from violation of right to property guaranteed under Art 300-A and consequently set aside the proceedings vide Rc.No. 13/2025/BI, dt- 11.01.2025 granting bar license bearing number 62/2022-2025 and pass IA NO: 1 OF 2025 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 may be pleased to suspend the impugned proceedings vide Rc.No. 13/2025/BI, dt:11.01.2025 granting bar license bearing number 62/2022-2025 at Door.No. 14-1-345, Santhi Nagar, Revenue Ward - 14, Macherla Municipality, Palnadu District issued by 4^'' respondent in favour of 5*^

respondent in the interest of justice and pas IA NO: 2 OF 2025 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 vacate the interim order dated 28.02.2025 in the W.P.No.4443 of

2025 and dismiss the W.P.No.4443 of 2025 and pass Counsel for the Petitioner:

1. G L NAGESWAR RAO Counsel for the Respondent(S):

1. GP FOR PROHIBITION EXCISE

2. GINJUPALLI SUBBA RAO The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4443 of 2025 ORDER:-

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

“…issue a wri