IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION Nos.6974 & 6470 of 2026 DATE OF ORDER: 09.03.2026 W.P.No.6974 of 2026 Between:

K.S. Ranjith.

...Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Prohibition & Excise Department, Secretariat, Hyderabad and 6 others.

...Respondents W.P.No.6470 of 2026 Between:

Donkeni Narender Goud and another.

...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Prohibition & Excise Department, Secretariat, Hyderabad and 3 others.

...Respondents

COMMON ORDER:

W.P.No.6974 of 2026, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.4 in issuing proceedings vide Lr.No.SPL/Kapra/2026 dated 09/02/2026 as illegal, arbitrary without jurisdiction against the Rule 28(3) of Telangana Excise (Grant of licence of selling by shop and conditions of licence) Rules, 2012 and declare the action of Respondent Nos.2 to 4 in not considering the representation dated 14/02/2026 and 16/02/2026 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the proceeding vide Lr.No.SPL/Kapra/2026 dated 09/02/2026…”

2. W.P.No.6470 of 2026, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.3 in issuing Proceedings vide Lr.No.SPL/Kapra/2026 dated 09/02/2026 as illegal, arbitrary without jurisdiction contrary to the provisions section 74 of Indian Contract Act, 1872 and Violation of Article 14, 300-A of Constitution of India and consequently direct the 2^nd and 3^rd respondents prevent/not to proceed any further in Proceedings vide Lr.No.SPL/Kapra/2026 dated 09/02/2026 and to pass.…”

3. Since the issue involved in both the writ petitions is one and the same, they are heard together and are being disposed of by this common order.

4. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 4 in W.P.No.6974 of 2026 and respondent Nos.1 to 3 in W.P.No.6470 of 2026; Sri G.Manoj Goud, learned counsel appearing for respondent No.5 in W.P.No.6974 of 2026 and respondent No.4 in W.P.No.6470 of 2026; and perused the record.

5. Brief facts are that the petitioners in W.P.No.6470 of 2026 are the owners and possessors of the plot bearing No.659/H2 and 659/H3 admeasuring 800 square yards (each plot admeasuring 400 square yards each) in Sy.No.158 situated at Weavers Colony, Bhavana Nagar, Kapra Mandal, Medchal-Malkajgiri District and the same was leased out to respondent No.4 in W.P.No.6470 of 2026, who is respondent No.5 in W.P.No.6974 of 2026 (hereinafter referred to as “Someshwara Wines”), under an unregistered rental agreement dated 07.11.2025 for a period of two years commencing from 01.12.2025 for establishment of a Wine Shop under the name and style of “Someshwara Wines” and fixed a condition not to cancel the said lease for a period of two years.

6. Respondent Nos.6 and 7 in W.P.No.6974 of 2026 are the owners and possessors of H.No.2-6/57 and 58 (old H.No.4-20/9) on Plot Nos.57 and 58, total admeasuring 1000 square yards in Sy.No.190, situated near Railway Station, Cherlapally Village, Kapra Mandal, Medchal-

Malkajigiri District and they leased the said property to the petitioner in W.P.No.6974 of 2026 to establish a Wine shop under the name and style of “KANAKA DURGA WINES” under an unregistered rental agreement dated 31.10.2025 for a period of two years, on a monthly rent.

7. While the aforesaid rental agreements are subsisting, Someshwara Wines had entered into another rental agreement with respondent Nos.6 and 7 in W.P.No.6974 of 2026 for the same subject property