APHC010596762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30790/2025 Between:

1. D RAKSHA VINAY KUMAR, S/O. D. RAMA KRISHNA, AGED ABOUT

28 YEARS, LICENSEE OF M/S. KANAKADHARA WINES, D.NO.38/168-5-9, MADRAS ROAD, OLD BYPASS CIRCLE, CHINNACHOWK, KADAPA TOWN, YSR KADAPA DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. T HE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SAI VIHAR APARTMENTS, PRASADAMPADU, VIJAYAWADA

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

4. T HE DISTRICT PROHIBITION AND EXCISE OFFICER, KADAPA, YSR KADAPA DISTRICT

5. T HE PROHIBITION AND EXCISE INSPECTOR, A.P. STATE BEVERAGES CORPORATION LIMITED, IML DEPOT, KADAPA, YSR KADAPA 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 topleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the inaction of the 2nd Respondent in taking a decision on the Representation of the Petitioner dated 01-10-2025 for shifting of the licensed premises under the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 despite submission of all reports by other concerned authorities as illegal, irregular, arbitrary, unjustified and unsustainable and consequently direct the 2nd Respondent to forthwith pass orders on the Representation of the Petitioner dated 01-10-2025 for shifting of the licensed premises under the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 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 pleased to direct the 2nd Respondent to pass orders on the Representation of the Petitioner dated 01-10-2025 for shifting of the licensed premises under the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 immediately and pass 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 t may be pleased to implead me and come on record as proposed respondent No.6 in the I.A.No.1 of 2025 as well as W.P.NO.30790 OF 2025 and pass Counsel for the Petitioner: 1. V V NAGA VISHNU TEJA 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.30790 OF 2025

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 mostly one which is in the nature of a Writ of Mandamus declaring the inaction of the 2^nd Respondent in taking a decision on the Representation of the Petitioner dated 01-10-2025 for shifting of the licensed premises under the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 despite submission of all reports by other concerned authorities as illegal, irregular, arbitrary, unjustified and unsustainable and consequently direct the 2^nd Respondent to forthwith pass orders on the Representation of the Petitioner dated 01-10-2025 for shifting of the licensed premises under the Andhra Pradesh Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024 and pass such other order or orders…”

2. The petitioner was granted a license to sell Indian Made Fo