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2017 (8) TMI 1109

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..... nts-writ petitioners unwillingness to pay the license fees for the three month period from 01.04.2017 to 30.06.2017, as they did not carry on business in these two shops, during the said period. As that would amount to the petitioners retaining control over two A-4 retail outlets simultaneously, and would result in the State Government being deprived of its revenue which they would have otherwise received on granting licenses for these two shops from 01.04.2017 i.e for three months between 01.04.2017 to 30.06.2017, we see no reason to grant the petitioners the relief sought for in the Writ Petition. We see no justification in permitting the petitioners to retain their right over these two A-4 retail shops from 01.04.2017, and in paying l .....

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..... iquor shops, allotted within 500 meters of National Highways, should be closed by 31.03.2017. Consequently, the Government of Andhra Pradesh issued a notification on 24.03.2017 inviting applications for allotment of 15 A-4 retail outlets in Nagiri town. The last date for receipt of applications was prescribed as 30.03.2017, and the shops were required to be allotted by drawal of lots in the afternoon of 31.03.2017. Both the petitioners, who were allotted A-4 shops for the excise period 01.07.2015 to 30.06.2017, also participated in the drawal of lots as their license period, in view of the order of the Supreme Court, was to come to end on 31.03.2017. As both the petitioners were the only applicants for the two shops, they were selected for .....

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..... to the respondents to change the rules midway; and as the appellants-writ petitioners were found successful in the drawal of lots held on 31.03.2017, they should be granted A-4 retail outlet licenses for these two shops from 01.07.2017 till 30.06.2019. It is not in dispute that the rules governing allotment provide that an A-4 retail outlet license can be granted for only one shop to one applicant. The applicants who were found successful in the drawal of lots held on 31.03.2017, with respect to the nine shops for which the lease period of the previous licensees was to expire on 30.06.2017, were granted license from 01.07.2017 onwards. With respect to four of the six undisposed shops, A-4 licenses were granted from 01.04.2017 itself in t .....

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..... re entitled to continue to exercise their right over two shops, without it being allotted to any other person. This would, in turn, mean that the petitioners were justified in exercising their right over two A-4 retail outlets in Nagiri Town during the intervening period 01.04.2017 to 30.06.2017 which would fall foul of the rules which prohibit one person from being allotted two shops. It is only because of the interim orders of this Court that these two A-4 retail outlets could not be allotted, from 01.04.2017 onwards, to others. While the petitioners could have given up their earlier licenses (granted for the period 01.04.2015 to 30.06.2017) from 01.04.2017 onwards and could have claimed allotment of the two new shops from 01.04.2017 alon .....

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..... .06.2017, we see no reason to grant the petitioners the relief sought for in the Writ Petition. While the petitioners may have lost out, despite their being found successful in the lottery held on 31.03.2017, this Court would also have to bear in mind the larger public interest of safeguarding public revenue. We see no justification in permitting the petitioners to retain their right over these two A-4 retail shops from 01.04.2017, and in paying license fees three months thereafter i.e., only from 01.07.2017 onwards, as that would result in loss of revenue, to the public exchequer, for the period 01.04.2017 to 30.06.2017. Both the Writ Appeal and the Writ Petition are dismissed. There shall be no order as to costs. Miscellaneous petit .....

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