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P Panduranga Reddy, Kurnool Dist & 12 Others Versus Prl Secy, Revenue (Excise-II) Dept, Guntur Dist & 3 Others

2017 (8) TMI 466 - HIGH COURT OF ANDHRA PRADESH

Grant of licence in the existing premises - sale of liquor - time within which all documents are to be produced - main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all the enclosures in such short time without having appropriate premises - Held that: - this Court is of the view that no prejudice would be caused to the respondents, if the petitioners can be given time to produce all the relevant docu .....

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y collecting the licence fees as per the new rules till 30.09.2017 as illegal and arbitrary and consequently direct the respondents to extend the licence till 30.09.2017 or grant fresh licence in the same premises without reference to Rule 11(4) of the Rules. 2. Heard both sides and perused the material available on record. 3. The case of the petitioners is that the petitioners have established their Restaurants and Bars in the year 2006 after obtaining valid permissions/licenses under the then .....

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.m. on 29.06.2017 and on the same day till 9.00 p.m. applications have to be submitted for considering the grant of license in the prescribed format with all the enclosures. It is further submitted that the 1st respondent has issued Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2017 (for short, the Rules ) vide G.O.Ms.No.235, dated 23.06.2017, and under Rule 6 of the said Rules, all the existing Bars, as on date of the issue of above Rules, are entit .....

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166 of 2016, dated 15.12.2016, has directed that (i) no shop for the sale of liquor shall be visible from a National or State High Way, (ii) directly accessible from a National or State Highway, and (iii) situated within a distance of 500 meters of the outer edge of the National or State Highway or of a Service Lane along the Highway. It is further submitted that all the petitioners are located within 500 meters of either National Highway or State Highway and therefore, in compliance of the orde .....

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ed that the Bar Policy for the period 2017-2022 was issued on 23.06.2017 and the 4th respondent has issued Gazette Notification No.123, dated 23.06.2017, at 8.00 p.m., for online registration and it is evident that the time provided to apply with conditions is very short and that it is impossible to comply with the conditions prescribed. 4. The main grievance of the petitioners is that it is difficult for the petitioners, who have to re-locate their Restaurants, to submit applications with all t .....

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ion was issued by the 4th respondent on 23.06.2017 fixing the time till 29.06.2017 and, hence, it is highly impossible for the petitioners to re-locate the premises within a short period of time of six days and to fulfill all other conditions laid down in the Rules in order to produce the same before the respondent authorities along with the applications. Learned counsel further submitted that the action of the 4th respondent in fixing the time till 29.06.2017 for online registration is illegal .....

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