Citation : 2022 Latest Caselaw 8234 AP
Judgement Date : 1 November, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.20703 OF 2016
JUDGMENT:
1. This writ petition is filed with the prayer to declare
the action of the 2nd respondent in issuing the proceedings
dated 21.06.2016 with further prayer to direct the
respondents 3 and 4 the Deputy Commissioner of
Prohibition and Excise, Nellore and the Prohibition Excise
Superintendent, Nellore respectively not to permit the 6 th
respondent-Kota Malayadri Naidu to run the Urvasi Bar
and Restaurant in premises bearing No.9-19-6, Trunk
Road, Kavali Town, S.P.S.R. Nellore District.
2. By order dated 28.06.2016, this Court, having regard
to the certificate issued by the Municipal Corporation vide
letter dated 09.09.2014 provided that the order dated
21.06.2016 passed by the 3rd respondent-Commissioner of
Prohibition and Excise, Nellore shall be stayed for a period
of two weeks by directing the third and fourth respondents
not to permit the sixth respondent to run the bar and
restaurant in the premises in question.
3. The certificate issued by the Municipal Corporation
vide letter dated 09.09.2014 was to the effect that the
structure in question, in which the Bar and Restaurant
was running is a 'dangerous structure' and the petitioner
was directed to remove the same.
4. By the impugned proceedings dated 21.06.2016, the
bar license was granted to the 6th respondent for the year
2016-17.
5. Sri A.S.C Bose, learned counsel for the 6th
respondent submits that the structure has fallen down.
6. It has also been submitted by Sri M. Balaji, learned
Assistant Government Pleader representing respondents 1
to 4 that the period of the trade license of 6th respondent
for the year 2016-2017 has already come to an end.
7. Sri P.Ravi Shankar, learned counsel for the petitioner
does not dispute the aforesaid facts.
8. In view of the aforesaid, the writ petition has been
rendered infructuous and the same is dismissed as such.
9. No order as to costs.
Pending miscellaneous petitions, if any, shall stand
closed in consequence.
________________________ RAVI NATH TILHARI, J Date:01.11.2022 Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.20703 OF 2016
Date:01.11.2022 Gk
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