Samala Sivaram, v. The State of Andhra Pradesh
Case brief
What is this about?
Court dismissed this petition seeking direction not to sanction a wine shop premise shift due to alleged inconvenience. It held the Excise Officer must consider community representation under the rules before granting sanction.
What the court decided
THE HON'BLE SRI JUSTICE G.SHYAM PRASAD
WRIT PETITION No. 10664 OF 2019
ORDER :
This is a Writ of Mandamus seeking for a direction to
Respondent No.2 not to accord sanction to the Respondent No.3 to shift the wine shop premises of M/s. M.S. Wines from Sy.No.507/6 and 508/1 of Gollala Mamidala Village, Peddapudi Mandal, East Godavari District.
- Heard learned counsel for the petitioner, learned counsel for the Respondent No.3 and learned Government Pleader for Prohibition and Excise Department.
- The case of the petitioner is that, the petitioner is running a cloth business in one of the shops in a complex consisting of 5 shops in Door No.8-11, 8B. In case permission is granted by respondent No.2 for shifting shop of respondent
No.3, the petitioner would be put to hardship and inconvenience. It is also the case of the petitioner that, in case, if the 2nd Respondent permits to shift the wine shop near to his premises, the people in that locality have to face lot of inconvenience and hardship.
2
- Learned counsel for respondent No.3 submits that, the allegation in the petition appears to be public interest litigation and the petitioner has no locus-standi to maintain this Writ Petition at all. He further submits that, the shop was run for twenty days after grant of licence and thereafter he sought for shifting the shop from that place to another area.
Issues for consideration
1 issue framed by the court
Whether the petitioner has locus standi to challenge the proposed sanction for shifting a wine shop.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent No. 2
- respondent
Respondent No. 3
Coram
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · September
- Registered
- Case no.
- WP/10664/2019
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