IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3528 of 2026 DATE OF ORDER: 06.02.2026 Between: P.Sainath ...Petitioner AND The State of Telangana, rep. by its Principal Secretary, Excise Department, Dr.B.R.Ambedkar Secretariat, Hyderabad and others ...Respondents

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ or order or direction more particularly one in the nature of writ of mandamus, declaring the actions of Respondent No.3 in not taking appropriate action by removing or re-locating the wines shops which are respondent no.4 and respondent no.5 is illegal, contrary to law, against to the principals of natural justice and consequentially direct the Respondent No.2 to take appropriate action on Respondent no.3 who has not acted upon the complaint or not even proceeded as per the rules of the office or Telangana State Excise Rules as per the complaint dated 04/12/2025 and pass such other order or orders in the interest of justice...”

2. Heard Sri P.Naveen Babu, learned counsel appearing for the petitioner and Sri Jagan, learned Government Pleader for Prohibition and Excise, for respondent Nos.1 to 3 and perused the record.

3. Learned counsel appearing for the petitioner would submit that the petitioner, a resident of H.No:12-11- 833/4/145, Warasiguda, Secunderabad, travels daily along the main road of Warasiguda towards Secunderabad and Tarnaka. On 01.12.2025, the petitioner noticed two wine shops namely BYT Wines and Sri Kanaka Durga Wines operating on the busy main road, frequented by thousands, including women, college students, and children. The petitioner observed that women waiting at bus stops and pedestrians face harassment from customers of these shops.

On 03.12.2025, between 3:00 PM and 4:00 PM, the petitioner observed liquor unloading on the main road, illegal parking by intoxicated patrons, traffic congestion, and public nuisance. BYT Wines is located opposite to Sri Bhu Lakshmi Maata Temple, a frequently used route for women and schoolchildren, while Sri Kanaka Durga Wines is less than

30 meters from BR Educational Academy.

4. Both shops began operations on 01.12.2025 under new government wine tenders but are violating Telangana State Excise Rules. Despite a written complaint submitted to the District Prohibition and Excise Officer on 04.12.2025, no action has been taken. The petitioner requests that the authorities either remove or relocate these wine shops and ensure compliance with excise regulations.

5. Per contra, learned Government Pleader for Prohibition and Excise upon instructions would submit that the DPEO, Secunderabad, issued A4 (wine shop) licenses to BYT Wines and Kanaka Durga Wines in a notified commercial area on the main road. While parking is not mandatory for wine shops, in response to the petitioner’s complaint, the licensees will be directed to provide parking facilities and arrange security to address safety concerns. The petitioner may also approach traffic authorities for related issues. The SHO, Prohibition Excise Station, Musheerabad, inspected the licensed premises, confirmed compliance with Rule 25 of the Excise Rules, 2012, and recommended granting the licenses. Both shops are situated over 100 meters from temples and recognized educational institutions. The licenses were granted in accordance with Excise Rules, and no violations have occurred. The petitioner’s concerns can be mitigated through parking and security measures; relocation of the shops is not required as they comply with all legal provisions.

6. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, the Court observed that the photographs attached to the writ petition show school children walking on the road, and it is unclear whether the wine shops are operating within permitted limits. Since the learned Government P