The State Of Andhra Pradesh, vs M/S. White Horse Restaurant And ...
2021 Latest Caselaw 4098 AP

      IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                         &
              HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

                      WRIT APPEAL No. 645 of 2021
                        (Taken up through video conferencing)

The State of Andhra Pradesh,
Revenue (Excise-II) Department,
Secretariat, Velagapudi,
Amaravathi, Guntur District,
Rep. by its Principal Secretary
and others.                                                     .. Appellants

        Versus

M/s. White Horse Restaurant & Bar,
Survey Nos.1210 and 1211,
Harinadhapuram, Beside Nellore to Muthukur Road,
Nellore Municipal Corporation, SPSR Nellore,
Andhra Pradesh, Rep.by the sole proprietor,
Sri Vemireddy Sidhartha Reddy
S/o. V. Pattabhi Rami Reddy.                                    .. Respondent

Counsel for the appellants : Mr. Kiran Tirumalasetti, Government Pleader for Prohibition & Excise Counsel for respondent : --

ORAL JUDGMENT Dt: 20.10.2021 (per Prashant Kumar Mishra, CJ)

Heard Mr. Kiran Tirumalasetti, learned Government Pleader for

Prohibition and Excise, appearing for the appellants/respondents.

2. Challenging the interim order passed by the learned single Judge

in Writ Petition No.11758 of 2021, directing the appellants/respondents

not to insist the respondent/writ petitioner for payment of any amount

towards licence fee and other non-refundable fees and to enable the

respondent/writ petitioner to continue his business of running a

Restaurant and Bar as usual for a period of two weeks, the present Writ

Appeal came to be filed. It is informed that the interim order has

thereafter been continued and is presently operative.

3. A perusal of the order passed by the learned single Judge reveals

that by the order dated 17.07.2019 in W.P.No.39393 of 2015, the earlier

writ petition preferred by the respondent/writ petitioner, was allowed

and the Memo No.8194/Ex.II(2)/2015 dated 12.11.2015 was set aside,

directing the authorities to refund the licence fee of Rs.66,00,234/- to

the respondent/writ petitioner or adjust the said amount towards future

licence fee and intimate to the respondent/petitioner in that regard

within three (3) weeks from the date of receipt of copy of the order. On

account of failure of the appellants/respondents to comply with the said

order and at the same time, forcing the respondent/writ petitioner to

make payment of the required licence fee, the present writ petition was

filed, wherein the aforesaid interim order has been passed.

4. Learned Government Pleader for Prohibition & Excise appearing

for the appellants/respondents submits that the writ petition is not

maintainable, in as much as, the writ appeal challenging the order

passed in W.P.No.39393 of 2015 is pending before this Court. He would

submit that a fresh writ petition is, therefore, not maintainable.

5. Having heard the learned Government Pleader, we are not

inclined to interfere with the interim order in exercise of our intra-court

appellate powers for the simple reason that the plea which is taken

before this Court can very well be agitated by filing appropriate counter

in the pending writ petition. At the same time, we make it clear that

nothing contained in our order be treated to be any expression on the

merits of the case and all contentions, both factual and legal, available

to the State shall remain open to be examined by the writ Court.

6. Accordingly, the writ appeal stands disposed of. No costs.

Pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ C. PRAVEEN KUMAR, J

GM

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT APPEAL No. 645 of 2021 (per Prashant Kumar Mishra, CJ)

Dt: 20.10.2021

GM