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2014 (5) TMI 31 - ANDHRA PRADESH HIGH COURTPermission to shift A-4 Liquor shop – Implementation of Department order - After issuance of the proceedings - Held that:- Under Rule 28(3) AP Excise Rules, 2012., the jurisdiction to permit shifting of the shops is exclusively vested in respondent No.1 - This Court is only concerned with the non-implementation of the order passed by respondent No.1 - The main reason for respondent No.1 for not ensuring implementation of his own order is that ward No.14 is included in the list of wards, where location of A4 shops is prohibited - There are two proceedings whereby respondent No.1 has opined that ward No.14 is not a prohibited ward - No justification found for the respondents in not permitting the petitioner to shift the shop to ward No.14 - Having issued the proceedings, it is the bounden duty and obligation of respondent No.1 to ensure that his subordinates carry out his orders in letter and sprit - Respondent No.3 has indeed meddled with the issue over which he has neither authority nor jurisdiction whatsoever by purporting to reject the petitioner's application by passing an order - Respondent No.3 is directed to permit the petitioner to shift the A-4 shop in terms of the proceedings of respondent No.1 - Writ Petition is allowed - Other W.P. for interim relief shall stand disposed of as infructuous – Decided in favour of assessee.
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