ORDER

This writ petition is filed seeking to declare the action of the official respondents in failing to take any action against the unofficial respondent despite the written instructions vide Lr.No.LP2/4126/2022, dated 16.07.2022 as illegal, arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner has been running a Godown and warehousing business and has been residing as a tenant in Mailardevpally Village, Rajendranagar Mandal, Ranga Reddy District, since past 10 years. It is also stated that the land in Sy.No.115/1 of Mailardevpally Village is a government land. It is further stated that respondent No.7 is running a Toddy shop by encroaching the government land to an extent of 4000 sq. yards in Sy.No.115/1 and causing inconvenience to have ingress and egress to nearby inhabitants of the locality. The case of the petitioner is that he has made a representation on the file of respondent No.3 to look into the matter of the unauthorized and illegal encroachment by respondent No.7 and acting upon the said representation, respondent No.3 vide Lr.No.LP/4126/22, dated 16.07.2022 directed the Tahsildar, Rajendranagar, to examine the representation submitted by the petitioner and take necessary action as per the rules. The grievance of the petitioner is that even after the said directions issued by respondent No.3 to the Tahsildar, no action has been taken so far.

3. Learned counsel for the petitioner has submitted that respondent No.7 is running Toddy shop in Sy.No.115 which is a giran sarkari land. It is further submitted that in view of running of the said Toddy shop, the drinkers are causing lot of inconvenience to the public which necessitated him to make a representation for removal of the Toddy shop as well as encroachers of the government land.

4. Learned counsel for respondent No.7 has vehemently contended that respondent No.7 is running Toddy shop, after obtaining permission from the Excise Department and also paying necessary charges towards rent and lease amount to the Excise Department. It is further contended that respondent No.7 is running Toddy shop within the premises encircled with the compound wall and does not cause any hindrance or inconvenience to the neighbouring inhabitants or creating any nuisance or obstructing the free flow of the traffic in any manner. Learned counsel further submitted that only with a malafide intention to settle the score with respondent No.7, the present writ petition is filed and the same is liable to be dismissed in limini.

5. Considered the submissions of the learned counsel for the respective parties and perused the record.

6. The petitioner being the resident of the locality is entitled to file case/representation on the file of the authorities if any inconvenience is caused to the public at large or inhabitants of the locality obstructing free flow of the traffic for running Toddy shop. It is for the authorities to take necessary action to prevent untoward incidents or any inconvenience caused to the public at large while granting licenses to run the Toddy shop or any other licenses under the provisions of the Telangana Excise Act, 1964 (for short, ‘Act’).

7. Keeping in view the license granted to respondent No.7 as per the provisions of the Act and also remitting regular excise fee and recording statement of respondent No.7 that he is not causing any inconvenience to the inhabitants of the locality, this Court deems it appropriate to direct the District Prohibition and Excise Officer, i.e., respondent No.4 herein, to conduct frequent inspections of the said Toddy shop and if it is found that running of the shop is causing inconvenience to the inhabitants of the locality, he shall issue suitable instructions for running the shop within the leased premises and if there is any violation of the instructions issued by the competent authority and if the same is found running outside the leased premises, appropriate action shall be taken in accordance with law.

8. Wit