Disposed

Karne Ravi v. The State of Telangana

Telangana HC18 Nov 2023WP/22251/2023

Case brief

AI extract

What is this about?

A writ petition challenging a government notification reserving 100% of liquor shop licenses in schedule areas for Agency Tribes. The petitioner, a Scheduled Caste individual, argued the reservation was ultra vires. The court noted the petitioner had already participated in the auction under interim orders and dismissed the petition without further orders.

What did the court decide?

Closed as no further orders were required.

Karne Ravi Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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SATURDAY, THE EIGHTEENTH DAY OF NOVEMBER 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: 22251 OF 2023

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Between:

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Karne Ravi, S/o Karne Somaiah, Aged about 42 yearc, Occ. Social Worker, Rl/o H-No.B-1-6112C, Balaji Nagar, lt/anuguru Town and Mandal, Badhardri Kothagudem District, Pin-507'1 1 7.

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..PETITIONER

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AND

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1 The State of Telangana, Rep. by its Prl. Secretary, Prohibition and Excise Department (Revenue), Secretariat, Hyderabad.

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2 The Commissioner of Prohibition and Excise, Department, Prohibition and Excise Complex, Nampally Station Road, Nampally, Hyderabad-500001 . Telangana.

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3 The District Collector, Badhradri Kothagudem District.

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4 The District Prohibition and Excise Officer, O/o H-No. 1 1 -3-33 to 1 1-3-35, Tata Reddy Building, Babu Camp, Kothagudem, Badhradri Kothagudem District-507101 .

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5 The Prohibition and Excise Superintendent, Badhradri Kothagudem District.

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The Prolect Officer, ITDA Badrachalam Division. Badhradri Kothagudem Dislrict.

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Adivasi Sena, Regd.No. 185 of 2018, Rep by its Secretary, Manuguru Mandal Committee, Kodi Nagaraju, S/o Narayana, Aged. 28 years, Occ. Agriculture, Vippalasingaram Village, Manuguru Mandal, Bhadradri Kothagudem Dist, Telangana State.

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(R7 impleaded as per C.O.dt. 08.09.2023, in l.A.No. 2 ot 2023)

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...RESPONDENTS

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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 Cou( may be pleased to issue an appropriate Writ, Order, or direction more particularly one in

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the nature of Writ of Mandamus declaring the action of the respondents more particularly 4th respondert rn issurng Gazette notification No. B3/66/2023, dated. 04-08-2023 inviting applicittions for 44 shops out of 88 44 liquor shops situated in Badhradri Kothagudem District Schedule Area (Agency) 100^ok reserving in favour of Agency Tribes for drawl of lots for grant of License for liquor retail 44 shops for License period from 2O2.) lo 2025 (i.e.,01-12-2023 to 30-11-2025) is being arbitrary, illegal, unjust, porverse, contrary to the state reservation policy and in violation of Article 15(4), 1€i(4) and 3004 of the constitution of lndia, besides being contrary to the Honorable,Apex court larger bench Judgment which is reported in 2021 (11) SCC 401 (Chebrolu Leela Prasad Rao and others Vs State of Andhra Pradesh and others) and consequently direct the respondents to receive petitioner application for drawl of lots for grant of License for retail 44 liquor shops for License period from 2023 to 2025 (i e., 01-12-2023 to 30-11-2025) for 44 shops in Badhradri Kothagudem Dis;trict Schedule Area (Agency) prohibition and Excise Stations of Kothegudem, Palvanca, Bhadrachalam, Manguru and yellandu suspending the operatior of Gazette notification No. B3/66/2023, dated o4-o8-2o23 to the extent of 44 shops in Badhradri Kothagudem District schedule Area (Agency) Prohibition and Excise Stations of Kothegudem, palvanca, Bhadrachalam, [\rlanguru and Yellandu.

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lA NO: 1 OF 2023

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Petition under Sectior 151 CPC praying that in the circumstances stated in the affidavit filed in support cf the petition, the High court may be pleased to direct the 4th respondent to receive petitioner application for drawl of lots for grant of License for retail 44 liquor shops for License period from 2023 to 2O2S (i.e., 01-12-2023 to 30-1 1-2025) for 44 shops in Badhradri Kothagudem District Schedule Area (Agency) l)rohibition and Excise Stations of Kothegudem, Palvanca, Bhadrachalam, [Vlanguru and^yellandu suspending the operation of Gazette notification No. B3/66/2023, dated o4-o-2o23 to the extent of 44 shops in

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Badhradri Kothagudem District Schedule Area (Agency) prohibition and Excise Station of Kothegudem, Palvanca, Bhadrachalam, [/anguru and yellandu pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI B.RAMULU

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Counsel for the Respondent No.1, 2,4 & S: AGP FOR PROHIBITION EXCISE Counsel for the Respondent No.3: GP FOR REVENUE

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Counsel for the Respondent No.6: GP FOR SOCIAL WELFARE

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Counsel forthe Respondent No.7: SRI CH.RAVI KUMAR

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WBIA^PETITION No.222St oF 2023

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ORDER:

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This Writ Petition is filed seeking the following relief:

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".......1o issue tut appropiate Wit, Order, or d_irection more particuhrlA one, in the nature of Wit of Manclamus declarlng the action oJ' the respondents more particularlg 4ln rlsOo1lent in^,s.suing Gazette notiftcation No.B3/ 66/1023, d.a.te.d 04.08.2023 inuiting apptications for 44 shops out cf 88 A4 liquor shop:; situated in Badhrad_i Kothaguiem Distict Schedul<: Area (Agencg) 1OO%o reseruing in faiour of Agency Tnbes for drau of lots for grant of License jor liquoi retail A4 shops for Licen:,e period from 2O23 to 2O2S (i.e.', 01. j2.2023 to 30.11.2025) is being arbitrary, iltegal, unjust, peruerse, contrary to tht' stcLtt: reseruation policy and in uiilation of Article 1.5(4), I ti(4) and 3OOA of the Constitution of Inclta, besirJes being contrary to the Honourctbte Apex Cou"r7 targer Bench Judgment in Chebrolu Leela prasad Rao ancl others Vs Slate oJ Andhra Pradesh and olherst ond. consequentLg direct th<t rcspondents to receiue petitioner application fir dratul of lots for qranL oJ'License for retail A4 ttqior shops'for License penod from 2023 to 2025 (i.e., OI.IZ.ZOZS to 3^0.11.2025) for^.14 shops in Barlhradi Kothagud.em. Drstict Schedule _^{Area(,\gency)prohibttionancl Exclse Stations ctf} Kothegudent, Paluatlca, Bhadrachalam, Manguru and !3ttylau^{suspendingthe operationoJ' Gazettetrotification} No.83/66/2O23, doted 04.08.2023 toihe extent of44 shops in tsadhrcLdn Ko'hagudetnt Di^stnct Scheclule Arei (Agencg) Prohibition and Excise Stotions of Kothegudem, palucrnca, Bhadrachaktm, A,lttngunt and yellandu ind to pass suclt other relief. ..."

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The petitioner claims to be a poor person and beiongs to Scheduled Caste Cornmunity. It is the case of the petitioner that to eke out his li.,eiihood, he intended to participate in the auction being conducted for drau,l of lots as notified in G.O.Ms.No.B6, dated Ol.OB.2O2O lbr allotment of retail liquor

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'^zozt 1t¹⁾ scc 40 1

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shops for the license period frorn 2023 to 2025^{(i.e., from} - O1.12.2023 to 30.11.20251. The grievance of the^{petitioner is} that entire liquor shops in the scheduled areas have been reserved for Scheduled Tribe Community and the petitioner being a Scheduled Caste Community person is not in a position to participate in the said Iots or auction.

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Pending adjudication of this Writ Petition, this Court, uide order, dated 17.O8.2023 directed the petitioner to participate in the auction being conducted by the respondents and also directed the respondents to receive the application submitted by the petitioner for A4 liquor shops for the license period from 2023 to 2025 (i.e., from O1.12.2023 to 30.Lt.2025.

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Learned Assistant Government Pleader for Prohibition and Excise has submitted that in compliance of the interim order, dated 17.O8.2O23, the applic-ation of the petitioner was received by the respondents, however, the petitioner was not successful in drawl of lots.

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In view of the above, since the claim of the petitioner was already considered by the respondents, this Writ Petition

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is closed as no further orders are reqLlired to be passed. No

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COSTS

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As a sequei, miscellaneous petitions pending, if any,

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shall stand closed.

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ASSis?Av^i+H&E+RAR ,TRUE COPY/I W/

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SECTION OFFICER

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To,

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One CC to SRI B.RAMULU, Advocate [OPUC]

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One CC to SRI CH.RAVI KUIVAR, Advocate [OPUC]

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J. Two CCs to GP FOR PROHIBITION EXCISE, High Court for the State of Telangana at Hyderabad [OUT]

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1. Two CCs to GP FOti REVENUE, High Court for the State of Tetangana at Hyderabad [OUT]

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q Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad [OUT]

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b. Two CD Copies

SB 'Pzz-

HIGH COURT

DATED: 1811112A23

ORDER

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WP.No.22251 ot 2023

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CLOSING THE WRIT PETITION,

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WITHOUT COSTS

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Karne Ravi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Karne Ravi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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