TMI Blog2017 (1) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... , I do not see any error in rejecting the application for renewal. However, since learned Government Pleader for Prohibition and Excise fairly submits that the competent authority would consider the application submitted by the petitioner for renewal even now, if all the relevant documents are submitted by him, while upholding the decision as impugned in the Writ Petition, the petitioner is permitted to submit all the relevant documents as desired by the competent authority in the impugned proceedings and if such documents are submitted, the competent authority shall consider the application of the petitioner for renewal and take appropriate decision. Having regard to the rival claims and two different lease agreements are available with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... continuous correspondence. On 24.10.2016, competent authority passed orders rejecting the renewal of the petitioner for the reasons mentioned therein. Aggrieved thereby, this Writ Petition is filed. 2. Arguments are advanced mainly on the issue of demand for production of lease deed from the owner of the premises for the year 2016-17. According to learned counsel for the petitioner, in terms of Clause 4 of the Lease Agreement, dated 01.10.2013, though lease was initially granted for a period of two years, however, renewal is at the option of the petitioner as a lessee and lease has been renewed from time to time and the same is in operation. Since 2013 lease agreement covers the present period also, the question of submission of fresh l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te decision. 4. Clause 4 of the lease agreement, dated 01.10.2013, requires communication by the lessee for renewal of lease. Whether there was proper communication and whether the lease is renewed and lease amounts are being paid is the subject matter of O.S.No.1255 of 2014. Therefore, this Court is not inclined to express any opinion on the said issue. 5. With reference to the scope of Rules 6 and 9-A of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 (for short, the Rules ), in Mandakini Restaurant and Bar v. Deputy Commissioner of Prohibition and Excise followed in W.P.No.36681 of 2015, a Division Bench of this Court held that whatever the requirements for applying for fres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted liberty to file an affidavit giving an undertaking to the Prohibition and Excise Superintendent that he would not utilise the premises for any other purpose except for acquiring the documents and relevant material and, at any rate, shall not operate the Bar and on giving such undertaking, the Prohibition and Excise Superintendent may permit the petitioner the access, if that premises is under his lock and key. 9. Having regard to the rival claims and two different lease agreements are available with the competent authority, in the interests of justice, it is also necessary to grant an opportunity of hearing to the petitioner as well as owner of the property, before the competent authority arises at a conclusion regarding renewal or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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