Disposed

Dwaraka Nagar Colony Welfare Association, v. The State of Telangana

Telangana HC6 Oct 2023WP/21608/2023

Case brief

AI extract

What is this about?

In this writ petition, two associations sought a direction to prevent the establishment of a liquor shop near a temple. The High Court directed the Excise and Endowments authorities to take immediate action on pending representations within two weeks.

What did the court decide?

Direct respondent Nos.5 and 6 to take immediate action on the representation dated 05.08.2023 and the letter dated 22.08.2023 within two weeks.

Dwaraka Nagar Colony Welfare Association, Vs The… — Writ and Judicial Review | Telangana HC (2023)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:21608 OF 2023

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Between:

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'1 . Dwaraka Nagar Colony Welfare Association, Regd. No. 446/90, H.No. 8-1-2931D11, Dwaraka Nagar Colony, Shaikpet, Hyderabad. Rep. by its President Sri. N. Ramesh Yadav S/o. N. Agamaiah Yadav, Aged 44 years, Occ. Business, Rl/o. H.No. 8-1-2931D-2, Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008.

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Sri. Hanuman Devastanam, (Sri Anjaneya Swamy Temple), Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008. Rep. by its Chairman Sri. N. Ramesh Yadav, S/o. N. Agamaiah Yadav, Aged 44 years, bcc. Business, Rl/o. H.No. 8-1-2931D-2, Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, Hyderabad.

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2 The Commissioner of Prohibition and Excise, Government of Telangana, Akbari Bhavan, M.J. Road, Old Kattal Mandi, Nampally, Hyderabad.

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3 The Commissioner of Endowments, Boggulkunta, Tilak Road, Hyderguda, Hyderabad - 500001.

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4 The Assistant Commissioner of Endowments, Endowments Department, Secunderabad.

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5 The Excise Superintendent, Prohibiticin and Excise, Nampally, Hyderabad.

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6 The Prohibition and Excise lnspector / Station House Officer, Excise Department, Golconda, Hyderabad.

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...RES,.NDENT.

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Petition under Article 226 of lhe Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High Court^maybe pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 4 and 5^{in not taking} any action on petitioners representations dated 05.08.2023 as highly^{illegal and} arbitrary and consequently direct the respondents to take action^{forthwith on} petitioners representations dated 05.08.2023 and further direct not to grant any permissions or allow for establishment of Wine / Liquor Shop in premises bearing

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No. 8-1-273lB 1412, Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008, pursuant to the Notification vide G.O.Mr;.No. 86, Revenue (Excise-ll) Department, dated 01.08.2023

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IANO:1OF2 023

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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 to take action forthwi:h on petitioners representations dated 05.08.2023, pending disposal of the above writ petition

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lA NO: 2 OF 2023

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Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, tre High court may be pleased to direct the respondents not to grant any permiss;ions or allow for establishment of Wine / Liquor Shop in premises bearing No 8-1-273lB/4/2, Dwaraka Nagar Colony, Shaikpet, Hyderabad - 500008, pLrrsuant to the Notification vide G.O.Ms.No. 86, Revenue (Excise-ll) Departnrent, dated 01 .08.2023, pending disposal of the above writ petition

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Counsel for the Petitioner: SRl. SRIKANTH SUTARI

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Counsel for the Respondent Nos. 1 ,2,4&6: Slil E.V.PUSHPAVARDHAN, AGP FOR PROHIBITION EXCISE

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Counsel for the Respondent Nos. 3&4: Gp FOR ENDOWMENTS

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The Court made the following: ORDER

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THE HON'BLE SRIIUSTICE C. V. BHASKAR REDDY WRIT PETITION NO.21608 OR 2023

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ORDER:

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The writ petition is filed seeking following relief:

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"......to isstre a u-trit, order or direction more particularly one in the nature of utit of Mandamus declaing the action of the respondents No.4 and 5 in not taking ang action on petitioners representations dated 05.08.2023 as highlg tllegal and arbitrarg and consequentlg direct the respondents to take action forthutith on petitioners representations dated O5 OB 2023 and further direct not to grant any permissions or allow for establishment of Wine / Liquor Shop in premises beaing No 81273/8/4/2 Dwaraka Nagar Colong Shaikpet Hyderabad 5OOOO8 pursuant to the Notification uide G O Ms No 86 Reuenue Excisell Department dated O 1 08 2023 .. . '

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2 Heard the learned counsel for the petitioner and Sri E.V.Pushpavardhan, learned Assistant Government Pleader for Prohibition and Excise.

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3 The 1't petitioner herein is a Welfare Association of Dwaraka Nagar Colony and the 2".1 petitioner is temple represented by its Chairman. The case of the 2n.t petitioner is that they have submitted a representation, dated 05.08.2023 to respondent No.6 requesting not to grant NOC to the liquor shop in their colony near Hanuman Temple which is registered under the provisions of Endowments Act. It is the further case of the petitioners that the

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Assistant Cornmissioner of the Endowments^aide

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Lr.No.B3/1825/2023, dated 22.08.2023 stated that^{the 2"d petitioner-} temple has been classified under SectiorL 6(b) ii and^{registered under} Section 43 of the Endowments Act 30 ol'1,987 and^{the said templeis} under the control of the Deputy^{(lommissioner, Endowment} Department, Hyderabad. It is further stated that the^day-to-day affairs of the temple are being managed by the Executive Officer appointed by the Endowment Departtnent and Previously in^the year, 2019, while explaining the problems faced by the^devotees,a Ietter had been addressed requesting to take necessary action for removal/shifting of the wine shop near the 2"d rcspondent-temple. It is further stated that during the visit of the temple, it is found that the wine shop is situated adjacent to the compound wall of the temple, which is near to the second 5;ate of the temple ancl after taking alcohol, the customers of the rvine shop are throwing the empty wine bottles in the premises o[ the temple and also using filthy language, which is causing inconvenience to the devotees and affecting the sanctity of the temple and in view of the same, the Assistant Commissioner requested lhe Prohibition and Excise

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THE HON'BLE SRIIUSTICE C. V. BHASKAR REDDY WRIT PETITION NO.21608 OF 2023

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ORDER:

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The writ petition is filed seeking following relief:

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"......1o rissue a u.tit, order or direction more particularlg one in the nature of urit of Mandamus declaing the action of the respond-ents No.4 and 5 in not taking ang action on petitioners representations dated O5.08.2O23 as highlg illegal and arbitrarg and consequentlg direct the respondents to take action forthwith on petitioners representations dated O5 08 2023 and further direct not to grant ang permissions or allou.t for establishment of Wine / Liquor Shop in premises beaing No 81273/8/4/2 Du.taraka Nagar Colong Shaikpet Hgderabad 5OOOO8 pursuant to the Nottfi.cation uide G O Ms No 86 Reuenue Excisell Department doted O 1 08 2023 .. .. . ."

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2 Heard the learned counsel for the petitioner and Sri E.V.Pushpavardhan, learned Assistant Government Pleader for Prohibition and Excise.

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J The 1"t petitioner herein is a Welfare Association of Dwaraka Nagar Colony and the 2"d petitioner is temple represented by its Chairman. The case of the 2"d petitioner is that they have submitted a representation, dated 05.08.2023 to respondent No.6 requesting not to grant NOC to the liquor shop in their colony near Hanuman Temple which is registered under the provisions of Endowments Act. It is the further case of the petitioners that the

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Assistant Commissioner of the Endowments rtide

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Lr.No.B3/ 18 25 / 2023, dated 22.08.2023^{s tated that the 2"d petitioner-} temple has been classified under Section^{6(b) ii and registered under} Section 43 of the Endowments Act³⁰ of^{1987 and the said templeis} under the control of the Deputy^{(lommissioner, Endowment} Department, Hyderabad. It is further^{stated that the day-to-day} affairs of the temple are being managt:d by the^{Executive Officer} appointed by the Endowment^{Departrnentand previously in the} year,2019, while explaining the problems^{faced by the devotees,a} letter had been addressed requesting to^{takenecessaryaction for} removal/ shifting of the wine shop near the^{2"d respondent-temple.} It is further stated that during the visit^{c,f the temple, it is found that} the wine shop is situated adjacent to the compound^{wall of the} temple, which is nehr to the second gate of the temple^{and after} taking alcohol, the customers of the vrine shop are throwing^the empty wine bottles in the premises of the temple^{and also using} filthy language, which is causing inconvenience to^{the devoteesand} affecting the sanctity of the temple and in^view of the^{same, the} Assistant Commissioner requested the Prohibition and Excise

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Inspector to take necessary action for removal/shifting of the wine

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shop, at an early date.

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The grievance of the petitioner is that even though the said

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\ \

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letter is addressed by the Assistant Commissioner on 22.08.2023, no action has been taken by respondent Nos.4 to 6

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5 Learned Assistant Government Pleader for Prohibition and

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Excise appearing for the respondent Nos.S and 6 has submitted that they have received representation of the petitioner and the respondent authorities would take appropriate steps strictly ln accordance with the provisions of the Excise Act and Rules made thereunder.

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6 In view of the said submissions, this Court deems it appropriate to direct respondent Nos.5 and 6 to take immediate action on the representation, dated 05.08.2023 submitted by the petitioner and also the letter addressed by respondent No.4 vide Lr.No.B3l1825/2023, dated 22.08.2023 within a period of two (2) weeks from the date of receipt of a copy of this order

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With the above observations, this Writ Petition is disposed

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of. No order as to costs

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As a sequel thereto, miscellaneous petitions, if any, pending

shall stand closcd

SD/. K. AMMAJI

To,

ASSISTANT REGISTRAR //TRUE COPYT (-/

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(-/

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SECTION OFFICER

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1 The Principal Secretary, prohibition and Excise Department, secretariat uuttdtngs, I .S.,Hyderabad.

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1. The Commissioner of Prohibition_and Excis;e, Government of Telangana, .7 Akbari Bhavan, M.J. Road, Old Kattal Man,l;, 11260";tr, Hyderabrd:-^-' The Commissioner of Endowments, Boggu lkunta, titai<' RrjiO-, ff yOerguOa, Hyderabad - 500001.

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The Assistant Commissioner of Endowments, Endowments Department, Secunderabad.

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The Excise Superintendent, prohibition anrl Excise, Nampally, Hyderabad 6. The Prohibition and Excise lnspector/ Station Houie Ofrcei]E*iil"^----

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_^{Department, Golconda,Hyderdbad.}

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Two CCs to Gp FoR PROHrBrroN EXCTsE ,High court for the State of

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^^{Telan-gana, at Hyderabad[OUT]}

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Two CCs to GP FOR ENDOWM'etttS ,Hign Court for the State of

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^{Telangana,atHyderabad[OUT]}

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One CC to SRt. SRtKANiH StjTARt, Advocate tOpUCl 10.Two CD Copies BIV \ GJP .,tr

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HIGH COURT

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DATED:0611012023

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ORDER

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WP.No.21608 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Dwaraka Nagar Colony Welfare Association, v. The State of Telangana

Case brief

What is this about?

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Dwaraka Nagar Colony Welfare Association, v. The State of Telangana

Case brief

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What did the court decide?

What the court decided

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