The writ petitioner having been granted a licence in Form IL-24, was carrying on a business in retail sale of wine at Kakinada. It is stated that the petitioner paid the licence fee of Rs.7.2 lakhs for the excise year 2000-01. While so, the 3rd respondent – Prohibition & Excise Superintendent, by order dated 7-6-2000, cancelled the licence of the petitioner on the ground that the shop was located within 100 mts. distance from a temple in violation of Rule 6 of A.P. Excise (Indian & Foreign Liquor Retail Sales Conditions of Licences) Rules, 1993 (for short, ‘the Rules’). The petitioner preferred an appeal before the 2nd respondent – Commissioner of Prohibition & Excise, which was disposed of by order dated 20-6-2000 allowing the petitioner to shift the shop to any place which satisfies Rule 6 of the Rules. Accordingly, the petitioner shifted IL-24 shop from D.No.45-5-21 to D.No.37-6-28, Tilak Road, Kakinada. Accordingly, the 2nd respondent by order dated 19-8-2000 restored the petitioner’s licence. However, the petitioner was again directed to close the shop in the new premises on the ground that some local people were raising objections. In the circumstances, the petitioner secured a new premises bearing Door No.45-5-21/A which was stated to have been approved by all the concerned officials. However, the petitioner was not granted the necessary permission to shift the shop. In the circumstances, the petitioner filed W.P.No.1882 of 2001 and the same was allowed by this Court permitting the petitioner to shift the licensed premises from D.No.37-6-28, Tilak Nagar to D.No.45-5-21, Surya Complex Shop No.5, Jaggannaikpur, Kakinada. So far as the claim of the petitioner for refund of the licence fee for the period during which the shop could not be run was concerned, this Court observed that the petitioner was at liberty to make a representation for refund or adjustment of monthly rentals. In pursuance thereof, the petitioner made a representation dated 28-2-2001 seeking refund of the licence fee for the period from 7-6-2000 to 20-8-2000 and also from 15-9-2000 to 12-3-2001 i.e., the date on which the petitioner could shift the shop to the new premises.
