Kolluri Gurunadham Vs the State of Andhra Pradesh

All these three writ petitions are filed under Article 226 of the Constitution of India by different petitioners, claiming identical relief, as such, I find it expedient to decide all the writ petitions by common order, since the issue involved in all the writ petitions is one and the same.

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All these three writ petitions are filed to declare the action of Respondent Nos.3 & 4 in withholding the grant of regular license to the petitioners herein and not creating conducive atmosphere for carrying on their business peacefully as illegal, arbitrary and consequently direct the respondents to grant regular license to the petitioners.

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The details of the petitioner, shop number, date of grant of provisional license are tabulated hereunder for better appreciation of the case.

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S.No.	W.P.No.	Name of the petitioner	Shop No.	Period license	of
1	1892/2025	Kolluri Gurunadham	AT/89/2024-26	16.10.2024 30.09.2026	to
2	1896/2025	Maram Gopinath	AT/10/2024-26	16.10.2024 30.09.2026	to
3	1899/2025	Kolluri Gurunadham	AT/93/2024-26	16.10.2024 30.09.2026	to

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The case of the petitioners is that, pursuant to the applications made by the petitioners seeking license to sell Indian made Foreign Liquor and Foreign Liquor from 16.10.2024 to 30.09.2026 in response to the notification issued by the respondents, after drawing lots (lucky dip), the petitioners were declared

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NV,J W.P.Nos. 1892, 1896 & 1899 OF 2025

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as successful applicant as per Rule 8(d) of the A.P. Excise (Grant of License of Selling by Shop and Conditions of License) Rules, 2024. The petitioners were issued provisional license on 14.10.2024 for retail liquor shop No.AT/89/2024-26 for the license period from 16.10.2024 to 30.09.2026 after paying necessary first installment license fee. As per the terms of the selection, the petitioners have to identify suitable place for the shop and submit bank guarantee, which is a pre-requisite for granting license in Form A-4 within 30 days from the date of selection. However, the petitioners could not provide suitable place and produce bank guarantee, due to intervention of the local representatives/political leaders. Since the petitioners did not submit bank guarantee and comply with the other conditions for granting license in Form A-4, the grant of regular license to the petitioners was withheld by Respondent Nos.3 & 4. Challenging the same, the present writ petition is filed.

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Learned counsel for the petitioners while reiterating the contentions urged in the affidavit, submits that, the petitioners have invested substantial amount towards grant of license. Even after issuing provisional license to the petitioners on 14.10.2024 for retail liquor shop mentioned above for the license period from 16.10.2024 to 30.09.2026, the official respondents are withholding the license in Form A-4, due to intervention of the 10^th respondent and requested to allow the writ petition.

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NV,J W.P.Nos. 1892, 1896 & 1899 OF 2025

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On the other hand, learned Government Pleader for Prohibition & Excise did not reject the submission of the petitioner and further submits that, subject to compliance of conditions viz., bank guarantee, identifying suitable premises for establishment of shop, the petitioner would be granted regular Form A-4 license to the subject shop.

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Learned counsel for the petitioners readily agreed to comply with the requirements of the tender conditions as well as A.P. Excise Rules, 2024 for obtaining license in Form A-4.

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Hence, in view of the proposal mooted by the learned Government Pleader for Prohibition & Excise and acceptance by the learned counsel for the petitioners, the petitioners are permitted to comply all the mandatory requirements of the tender conditions as well as A.P. Excise Rules, 2024 for obtaining license in Form A-4 within a period of four (04) weeks. Thereafter, Respondent Nos.3 & 4 shall consider the compliance of the same and grant license in Form A-4 to the petitioner, if he is entitled for the same as per A.P. Excise Rules, 2024, within a period of four (04) weeks thereafter.

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