HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.28939 OF 2025

ORDER

Heard Sri B. Mohan, learned counsel for the petitioner and learned Asst. Govt. Pleader for Prohibition and Excise.

2. The petitioner herein has obtained license dated 11.10.2013 for sale of Indian Made Foreign Liquor/Foreign Liquor by Bar to be consumed on the premises. It was renewed and renewal certificate dated 26.10.2024 was also issued. It is valid upto 30.09.2025.

5^th respondent has issued a notice dated 15.05.2025 directing the petitioner to produce renewed registered lease deed. The petitioner has submitted explanation dated 20.05.2025 to the said notice. 5^th respondent has issued second notice dated 30.08.2025 with similar request. The petitioner has submitted explanation dated

08.09.2025 to the said notice.

3. It is the specific contention of the petitioner herein that he is the Managing Partner of the Bar. The petitioner and his brother N. Srikanth Goud/ 7^th respondent herein are the joint owners and possessors of the subject property. 7^th respondent has filed a suit vide O.S.No.1932 of 2022 against the petitioner and his Bar. The said suit is pending. Therefore, the petitioner is in possession of the subject property. He is seeking a direction to 3^rd respondent to renew the license considering the said aspects. He is also seeking a direction to 5^th respondent to consider the explanation dated 08.09.2025 submitted by him to the second notice dated 30.08.2025.

4. Learned counsel for the petitioner placed reliance on Annexure –II in Form-4B under Rule 5 of the Telangana Excise (Grant of Licence of Selling by Bar and Condition of Licence) Rules, 2005 of G.O.Ms.No.46, Revenue (Excise-II), Department, dated 10.05.2023. Referring to Form-4B/affidavit, learned counsel for the petitioner submits that the petitioner is the owner and in possession of the subject property and it has valid lease deed in respect of the said property where the bar is located. Therefore, according to learned counsel, the petitioner is in possession of the subject property. Therefore 5^th respondent has to consider the said aspect including the reply dated 08.09.2025 submitted by the petitioner to the second notice dated 30.08.2025. The petitioner has also submitted rental deed along with the reply dated 08.09.2025.

5. Learned counsel for the petitioner, on instructions, would submit that though the petitioner filed present writ petition to declare the notices dated 11.08.2025, 30.08.2025 as illegal and seeking a direction to respondent No.5 to consider replies submitted by him to the said notices.

6. Learned Govt. Pleader for Prohibition and Excise would contend that for considering renewal of the license, valid lease and possession is mandatory. The said aspects were considered by this Court vide common order dated 30.12.2024 in W.P.No.28529 and 29567 of 2024. Vide the aforesaid judgment, this Court considered Rule 9-A of Rules, 2005 before and after amendment. However, it is for the respondent Nos.5 to consider the said aspects.

7. In the light of the aforesaid discussion, this writ petition is disposed of directing the 5^th respondent to consider the explanation dated 08.09.2025 submitted by the petitioner to the second notice dated 30.08.2025 and pass appropriate orders in accordance with law by putting the petitioner and 7^th respondent on notice and affording them an opportunity. 5^th respondent shall consider the aforesaid aspects and also the suit vide O.S.No.1932 of 2022 filed by 7^th respondent. However, he shall complete the said exercise within a period of ten days from the date of receipt of a copy of this order.

As a sequel thereto, miscellaneous petitions, if any pending in the writ petition shall stand closed.

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K. LAKSHMAN, J Date: 23.09.2025.

Vvr.