Kolluri Gurunadham Vs the State of Ap

The State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition and Excise Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Commissioner of Prohibition and Excise, Excise Complex, R.S.N0.88-2B, Sai Vihar Apartments, Poultry Farm Road,

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Prasadampadu (V), Vijayawada-521108.

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The Deputy Commissioner of Prohibition and Excise, Rahamat Nagar, Ananthapur, Andhra Pradesh-515001.

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The District Prohibition and Excise Officer, Ananthapur, Ananthapur District.

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The Station House Officer, Prohibition and Excise Station, Gandhi Katta, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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The Superintendent of Police, Ananthapur District, Main Road, Ananthapur - 515001.

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The Deputy Superintendent of Police, Vijayanagar Colony, Sanjeeva Nagar, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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G 8. The Station House Officer, Tadipatri Rural Police Station, GVP Colony, Weavers Colony, Tadipatri, Ananthapur District, Andhra^Pradesh- 515411.

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The Station House Officer, Tadipatri Town Police Station, Gandhi Katta Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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J.C. Prabhakar Reddy, Chairman, Tadipatri Municipal Council, Ananthapur District. -

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents 3 and 4 in withholding the grant of regular license to the petitioner herein and not creating conducive atmosphere for carrying on petitioners business peacefully as illegal, arbitrary, against the principles of natural justice and in violation of Articles 14 and 19(1)(g) of the Constitution of India and consequently^directthe respondents to grant regular license to the petitioner herein to shop No.AT/89/2024-26 for the license period from 16.10.2024 to 30.09.2026. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 not to cancel the provisional license granted to the petitioner to Shop No.AT/89/2024-26 situated in Tadipatri Municipal limits for the license period from 16.10.2024 to 30.09.2026, pending disposal of the above writ petition.

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be

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3

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C pleased to direct the respondents 5 to 10 to provide necessary protection/security to the petitioner for carrying on his business peacefully, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RAMINENI SATISH BABU

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Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION^AND

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EXCISE

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Counsel for the Respondent Nos.6 to 9:GP FOR HOME Counsel for the Respondent No.10:—

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WRIT PETITION NO: 1896 OF 2025

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Between:

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Maram Gopinath, S/o. M.Venkaiah, Aged 37 years, R/o. Plot No.49, Gayathri Nagar, Near Bank Colony, Sa/L Baba Temple, Saheb Nagar, Vanastalipuram, K.V.Ranga Reddy District, Telangana^State.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition and Excise Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Commissioner of Prohibition Excise, Excise Complex,^R.S.N0.88- 2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada-521108.

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The Deputy Commissioner of Prohibition and Excise, Rahamat Nagar, Ananthapur, Andhra Pradesh-515001.

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The District Prohibition and Excise Officer, Ananthapur, Ananthapur District.

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The Station House Officer, Prohibition and Excise Station, Gandhi

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Katta, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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The Superintendent of Police, Ananthapur District, Main Road, Ananthapur - 515001.

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M

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C 7. The Deputy Superintendent of Police, Vijayanagar Colony, Sanjeeva Nagar, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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The Station House Officer, Tadipatri Rural Police Station, GVP Colony, Weavers Colony, Tadipatri, Ananthapur District, Andhra^Pradesh- 515411.

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The Station House Officer, Tadipatri Town Police Station, Gandhi Katta Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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J.C. Prabhakar Reddy, Chairman, Tadipatri Municipal Council, Ananthapur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents 3 and 4 in withholding the grant of regular license to the petitioner ^ herein and not creating conducive atmosphere for carrying on petitibner's business peacefully as illegal, arbitrary, against the principles of natural justice and in violation of Articles 14 and 19(l)(g) of the Constitution of India and consequently^directthe respondents to grant regular license to the petitioner herein to shop No.AT/100/2024-26 for the license period from 16.10.2024 to 30.09.2026.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 not to cancel the provisional license granted to the petitioner to Shop No.AT/100/2024-26 situated in Tadipatri Municipal limits for the license period from 16.10.2024 to 30.09.2026, pending disposal of the above writ petition.

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<5~

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c lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 5 to 10 to provide necessary protection/security to the petitioner for carrying on his business peacefully pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RAMINENI SATISH BABU Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION AND

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EXCISE

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Counsel for the Respondent Nos.6 to 9:GP FOR HOME Counsel for the Respondent No.10:—-

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WRIT PETITION NO: 1899 OF 2025

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Between:

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Kolluri Gurunadham, S/o. Ramarao, Aged 35 years, R/o. D.No. 1-12, Ramalayam Street, Lingalapadu Village, Nandigama Mandal, Krishna District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition and Excise Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Commissioner of Prohibition and Excise, Excise Complex,

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R.S.N0.88-2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada-521108.

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The Deputy Commissioner of Prohibition and Excise, Rahamat Nagar, Ananthapur, Andhra Pradesh-515001.

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The District Prohibition and Excise Officer, Ananthapur, Ananthapur District.

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The Station House Officer, Prohibition and Excise Station, Gandhi Katta, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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6

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c 6. The Superintendent of Police, Ananthapur District, Main Road, Ananthapur - 515001.

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The Deputy Superintendent of Police, Vijayanagar Colony, Sanjeeva Nagar, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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The Station House Officer,, Tadipatri Rural Police Station, GVP Colony, Weavers Colony, Tadipatri, Ananthapur District, Andhra^Pradesh- 515411.

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The Station House Officer, Tadipatri Town Police Station, Gandhi Katta, Tadipatri, Ananthapur District, Andhra Pradesh-515411.

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J.C. Prabhakar Reddy, Chairman, Tadipatri Municipal Council, Ananthapur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased d to issue a Writ of Mandamus or any other appropriate Writ or Direction more particularly one iH the nature of Writ of Mandamus by declaring the action of the respondents 3 and 4 in withholding the grant of regular license to the petitioner herein and not creating conducive atmosphere for carrying on petitioner's business peacefully as illegal, arbitrary, against the principles of natural justice and in violation of Articles 14 and 19(I)(g) of the Constitution of India and consequently^directthe respondents to grant regular license to the petitioner herein to shop No.AT/93/2024- 26 for the license period from 16.10.2024 to 30.09.2026.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 not to cancel the provisional license granted to the petitioner to Shop No.AT/93/2024-26 situated in Tadipatri Municipal limits for the license period from 16.10.2024 to 30.09.2026, pending disposal of the above writ petition.

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C lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 5 to 10 to provide necessary protection/security to the petitioner for carrying on his business peacefully, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI RAMINENI SATISH BABU

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Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION^AND

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EXCISE

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Counsel for the Respondent Nos.6 to 9:GP FOR HOME

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Counsel for the Respondent No.10:—

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The Court made the following: COMMON ORDER

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

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APHC010036532025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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TUESDAY THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NOs: 1892.189fi & 1899 OF 2n2S

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Between:

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Kolluri Gurunadham & OTHERS ...PETITIONERS

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.RAMINENISATISH BABU

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Counsel for the Respondent(S):

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1.GP FOR PROHIBITION EXCISE

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2.GP FOR HOME

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The Court made the following:

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2

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

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t

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COMMON ORDER:

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All these three writ petitions are filed under Article 226 of the Constitution of India by different petitioners, claiming^{identicalrelief,assuch,} 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^thesame.

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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^{forcarryingontheir} 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^{grantofprovisional} license are tabulated hereunder for better appreciation^ofthecase.

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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^{applicationsmadeby} the petitioners seeking license to sell Indian made^{ForeignLiquorandForeign} Liquor from 16.10.2024 to 30.09.2026 in response to^{thenotificationissuedby} the respondents, aTter drawing lots (lucky dip), the^{petitionersweredeclared}

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3

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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'^ respondent and requested to allow the writ petition.

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4 NV,J W.P.Nos. 1892, 1896 & 1899 OF 2025 c 6. 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. 7. 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. 8. 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. 9. With the above, writ petitions are disposed of. No costs. 10. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/-U.SRI ASSISTANT REGISTRAR //TRUE COPY// SEC N OFFICER To, Prohibition and Excise Department, State of 1. The Principal Secretary Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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Sd/-U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SEC N OFFICER

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The Commissioner of Prohibition and Excise, Excise Complex, R.S.N0.88-2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada-521108.

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