Single judge Writ Petition challenging rejection of prior clearance application for running a Bar in Atmakur Municipality. Court held petitioner ineligible due to population deficit under G.O.Ms.No.723.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29334 of 2012
Date : 21-3-2013
Between:
P. Chandrasekhar .. Petitioner
And
The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Hyderabad and others .. Respondents
Counsel for petitioner : Sri K. Rathangapani Reddy Counsel for respondents : Assistant Government Pleader for Prohibition & Excise
The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside order in Cr.No.9724/2012/CPE/T3 dated 11-9-2012 of respondent No.1 whereby he has rejected the petitioner’s request for grant of prior clearance.
I have heard Sri K. Rathangapani Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition & Excise representing the respondents.
The petitioner is a resident of Atmakur, Nellore District. He made an application to respondent No.1 for grant of prior clearance for running a Bar. The said application was rejected on the ground that as per G.O.Ms.No.723, Revenue (Excise-II) Department, dated 2-8-2010, Atmakur Municipality is not entitled to have a Bar.
It is an admitted fact that there are five A4 shops (retail liquor shops) within the Atmakur Municipality limits. As per the above mentioned G.O., if the population of a Municipality or a Municipal Corporation is upto 3 lakhs, there can be one Bar for every 30,000 population; if the population is within 3 to 7 lakhs, there can be one bar for every 20,000 population;
and if the population is above 7 lakhs, there can be one Bar for every 12,000 population. As regards the retail liquor shops, upto 50,000 population there can be one retail shop for every 10,000 population, if the population is between 50,000 and 7 lakhs, there can be one retail shop for every 15,000 population; and if the population is above 7 lakhs, there can be one retail shop for every 16,000 population. However, the eligibility for setting up a Bar will be arrived at if there remains a minimum population of 30,000 after adjusting the population at the rate of 10,000 for every shop in the Municipality having a population of 50,000. In the instant case, admittedly, as per the above mentioned G.O., Atmakur Municipality can have only 3 Bars. However, the respondents have granted licence for five retail shops. Thus, the number of retail shops in Atmakur Municipality is in excess of its eligibility.
The learned counsel for the petitioner submitted that as per the notification issued by the respondents, all the five retail shops were intended to cater to the needs of the entire Atmakur Mandal even though all the shops are located within the Atmakur Municipality limits and that therefore all the shops have to be spreaded over the Mandal population instead of confining to the population of the Municipality alone. I am afraid, I cannot accept this submission, because under the said G.O., to be eligible for opening a Bar, the population of the Municipality must be not less than 50,000
and the Mandal population has no relevance. As admittedly there is deficit population for opening of a Bar in terms of G.O.Ms.No.723, dated 2-8-2010, respondent No.1 has rightly rejected the application of the petitioner for prior clearance. For the above mentioned reasons, I do not find any merit in the Writ Petition and the same is accordingly dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP Nos.37440/2012 and 40537/2012 are disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 21-3-2013 AM
1 issue framed by the court
Whether the petitioner is eligible for prior clearance to run a Bar in Atmakur Municipality under G.O.Ms.No.723, dated 2-8-2010.
P. Chandrasekhar
The Commissioner of Prohibition & Excise, Government of Andhra Pradesh
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
