Andhra Pradesh High Court – Amravati
Aadivaasi Ikya Kaaryacharana … vs The State Of Andhra Pradesh on 28 April, 2026
Reserved on : 09.04.2026
Pronounced on : 28.04.2026
Uploaded on : 30.04.2026
APHC010476512024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 24922/2024
BETWEEN:
1. AADIVAASI IKYA KAARYACHARANA COMMITTEE, REP., BY
ITS CHAIRMAN, MODIYAM SRINIVASA RAO S/o. VENKATESU,
AGE. 51 YEARS, OCC: SOCIAL SERVICE.,R/o. DR.No.5-67,
DR.No.5
JEELUGUMILLI (VILLAGE), JEELUGUMILLI MANDAL, ELURU
DISTRICT.
2. SODEM MUKKAYYA, S/o. GANGARAJU, AGE. 38 YEARS,
OCC: BUSSINESS, R/o. GOLLAGUDEM (V), BUTTAYAGUDEM
(M), ELURU DISTRICT.
3. DORA RAMARAO, S/o. SOMANNA DORA, AGE 46 YEARS,
OCC: SOCIAL SERVICE, R/o. DR.No.20
DR.No.20-150,
150, LOCHALIPUTTU
(VILLAGE), PADERU MANDAL, ALURI SITARAMA RAJU
DISTRICT.
4. KONDAGORRE SUBBARAO, S/o. GASANNA, AGE. 62 YEARS,
OCC. SOCIAL SERVICE, R/o.5
R/o.5-27,
27, PEDDURU (VILLAGE),
SEETHAMPETA
TA MANDAL, PARVATHIPURAM MANYAM
DISTRICT. ...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, TRIBAL WELFARE DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, PANCHAYATRAJ DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
4. THE COMMISSIONER OF PROHIBITION AND EXCISE,
OFFICE OF COMMISSIONER OF PROHIBITION AND EXCISE,
EXCISE COMPLEX, RS No.88-2B, SAI VIHAR APARTMENTS,
POULTRY FARM ROAD, PRASADAMPADU (V),
VIJAYAWADA-521108, AMARAVATHI, ANDHRA PRADESH.
5. THE DISTRICT COLLECTOR, ALLURI SITHARAMA RAJU
DISTRICT, PADERU.
6. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM
DISTRICT, PARVATHIPURAM.
7. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU.
8. THE DEPUTY COMMISSIONER OF EXCISE, ELURU
DISTRICT, ELURU.
9. THE DEPUTY COMMISSIONER OF EXCISE, ALLURI
SITHARAMA RAJU DISTRICT, PADERU.
10. THE DEPUTY COMMISSIONER OF EXCISE, PARVATHI
PURAM MANYAM DISTRICT, PARVATHIPURAM.
11. MODIYAM SRINIVASA RAO S/o. GANGARAJU, AGED 51
YEARS, R/o. D.No.1-83, RAJANAGARAM VILLAGE,
BUTTAYAGUDEM MANDAL, ELURU DISTRICT.
12. TAMA JAGADAMBA W/o. T CHINNA MUNIYYA, AGED 61
YEARS, R/o. D.No.1-65, JAINAVARIGUDEM VILLAGE,
BUTTAYAGUDEM MANDAL ELURU DISTRICT.
13. PANDU SREERAM S/o. BALARAJU, AGED 26 YEARS, R/o.
BARRINKALAPADU VILLAGE, JEELUGUMILLI MANDAL,
ELURU DISTRICT.
14. JAGIDI VENKATESH S/o. LACHHAIAH, AGED 33 YEARS, R/o.
D.No.5-80, KONDAPALLI VILLAGE, KUKUNOOR MANDA
ELURU DISTRICT.
15. KOVVASU RAJENDRA PRASAD S/o. K KRISHNA MURTHY,
AGED 29 YEARS, R/o. ANTHARVEDIGUDEM VILLAGE,
BUTTAYAGUDEM MANDAL, ELURU DISTRICT
3
16. CHIRRI SURENDRA KUMAR S/o. PARAMESWARA RAO,
AGED 34 YEARS, R/o. D.No.2-20, MAIN ROAD,
BARINKALAPADU VILLAGE, JEELUGUMILLI MANDAL,
ELURU DISTRICT.
17. BUDDULA PRASAD S/o. LAKSHMUDU, AGED 37 YEARS, R/o.
D.No.13-19, VEERANNAPALEM, BUTTAYAGUDEM VILLAGE
AND MANDAL ELURU DISTRICT
18. PUNEM KRISHNA S/o. GANGARAJU, AGED 41 YEARS, R/o.
KORSAVARIGUDEM VILLAGE, BUTTAYAGUDEM MANDAL,
ELURU DISTRICT.
19. BOTTADA RAVI BABU S/o. B NEELAKANTU, AGED 38
YEARS, R/o. GUMMALAKSHMIPURAM, VIZIANAGARAM
DISTRICT.
20. TOYAKA DAMODARA S/o. LATE DALIMMA, AGED 54 YEARS,
R/o.SAVARAKOTAPADU, VILLAGE,
GUMMALAKSHMIPURAM MANDAL, PARVATHIPURAM
MANYAM DISTRICT.
21. VATAKA KAVYA W/o VENKATA RAO, AGED 24 YEARS, R/o.
DONUBAI VILLAGE, SEETHAMPETA MANDAL,
PARVATHIPURAM MANYAM DISTRICT.
22. ANNAPURNA KONDAGORRI W/o. KURMAYYA, AGED 38
YEARS, R/o. HADDUBHANGI VILLAGE, SEETHAMPETA
MANDAL, PARVATHIPURAM MANYAM DISTRICT.
23. CHODI SATYANARAYANA S/o. APPARAO, AGED 50 YEARS,
R/o. D.NO.4-38, NELLIMETLA COLONY, RAMALAYAM,
RAJAVOMMANGI, EAST GODAVARI DISTRICT.
24. KONTELI MOHAN RAO S/o. K APPALANAIDU, AGED 39
YEARS, R/o. KINNAMGUDA, GATTUM POST, KITHALANGI
MANDAL, VISAKHAPATNAM DISTRICT.
25. CHALLANGI VARA PRASAD S/o. C KRISHNA RAO, AGED 39
YEARS, R/o. KOTHAVEEDHI, VANCHULAGUDEM,
VISAKHAPATNAM DISTRICT
26. MAJJI DOMBU S/o. SOMU, AGED 70 YEARS, R/o. MAJJI
VALASA, ARAKU, VISAKHAPATNAM DISTRICT
27. VANTHALA VINOD S/o. V MALKI, AGED 27 YEARS, R/o.
D.No.15-26, SAGAM VALASA, SUNKARAMETTA,
VISAKHAPATNAM DISTRICT.
4
28. MARUGODI CHIRANJEEVI S/o. CHINNA GANGARAJU, AGED
38 YEARS, R/o. LAMMASINGI, CHINTAPALLI MANDAL,
VISAKHAPATNAM DISTRICT.
29. KORRA SRIRAMULU S/o. CHINNALAH, AGED 33 YEARS, R/o.
D.No.2-71, MARADHAGUDA,
ANANTHAGIRI MANDAL, VISAKHAPATNAM DISTRICT
30. KILLO PURUSHOTHAM S/o. K DOMBU, AGED 54 YEARS,
R/o. D.No.9-96, SONAYI STREET, CHINTAPALLI VILLAGE,
ALLURI SITHARAMARAJU DISTRICT.
31. BORIBORI SATYANARAYANA S/o. BASHA, AGED 34 YEARS,
R/o.D.No.1-166, B COLONY, ARAKU VALLEY,
VISAKHAPATNAM DISTRICT.
32. GEMMELLI SUBHASH S/o. GASI, AGED 41 YEARS, R/o.
D.No.14-43, KADUTHULA, PANASAPUTTU, PENASAPUT,
VISAKHAPATNAM DISTRICT.
33. NESAM RAMAKRISHNA S/o. BABURAO, AGED 53 YEARS,
R/o. D.No.1-80, AMINABAD COLONY,RAJAVOMMANGI
MANDAL,
EAST GODAVARI DISTRICT.
34. KORRA SHIVANAGESH S/o. K NEELAKANTAM, AGED 25
YEARS, R/o. VARRA VILLAGE, ARAKU VALLEY MANDAL,
VISAKHAPATNAM DISTRICT.
35. VANTHALA CHINNAMNAIDU S/o. LATE V SEETHANNA,
AGED 35 YEARS, R/o. D.NO.C-29, ARAKU MAIN ROAD,
NEAR ZPH SCHOOL, DUMBRIGUDA MANDAL,
VISAKHAPATNAM DISTRICT.
36. GANJAI PRAMILA W/o. NUKARAJU, AGED 32 YEARS, R/o.
ONTIPAKA, KINCHUMANDA, VISAKHAPATNAM DISTRICT.
37. KOSURI CHINNABBAYI S/o. CHANTABBAYI, AGED 31
YEARS, R/o. D.No.1-151, VANCHANGI PANCHAYAT,
RAJAVOMMANGI MANDAL EAST GODAVARI DISTRICT.
38. KANKIPATI SAI VARA VENKAT MAHESH, S/o.
K.KOTHANNAPADAL, AGED 23 YEARS, R/o. D.NO.1-43,
LAKKAVARAPUPETA, GK VEEDHI MANDAL,
VISAKHAPATNAM DISTRICT.
5
39. KANKIPATI VEERANDRA PRASAD S/o. K KOTHANNAPADAL,
AGED 37 YEARS, R/o. D.No.1-43, LAKKAVARAPUPETA, GK
VEEDHI MANDAL, VISAKHAPATNAM DISTRICT.
40. URUGONDA PRASAD S/o. U LAXMAYYA, AGED 32 YEARS,
R/O. D.No.3-50, CHEEDIMETTA VILLAGE, PADERU
MANDAL, ALLURI SITHARAMARAJU DISTRICT
41. GORLE VENKATA GARI PRASANTH S/o. G RAJU, AGED 31
YEARS, R/O. D.No.7, JARRELLA, GUDEMKOTHA VEEDHI,
VISAKHAPATNAM DISTRICT.
42. KADULLA GANGADHAR S/o. RAJU, AGED 41 YEARS, R/O.
D.NO.56, CHOWDUPALLE, CHINTAPALI, VISAKHAPATNAM
DISTRICT.
43. PANGI RAJESWARI D/o LAKSHMANA, AGED 37 YEARS, R/O.
GUJJUMANIPAKKALU, KRISHNADEVIPETA,
KONDAGOKIRA, VISAKHAPATNAM DISTRICT.
44. CHEDALA SRINIVASU REDDY S/o. GANGI REDDY, AGED 41
YEARS, R/o. D.No.2-36, GANGAMPALEM, DEVIPATNAM
MANDAL, EAST GODAVARI DISTRICT.
45. KURSAM RAMALAKSHMI W/o. PENTAIAH, AGED 35 YEARS,
R/o. D.No.1-18, TULUGONDA VILLAGE, CHINTURU MANDAL,
EAST GODAVARI DISTRICT.
46. KURSAM POTHURAJU S/o. GANGANNA DORA, AGED 34
YEARS, R/O. D.No.3-14, PENIKILAPADU, DEVIPATNAM
MANDAL, EAST GODAVARI DISTRICT
47. PALLALA SEKHARA REDDY S/o. P ABBAI REDDY, AGED 36
YEARS, R/o. D.No.2-22, NULAKAMIDDI ROAD,
YARLAGADDA PANCHAYAT, KOMARAVARAM MANDAL,
EAST GODAVARI DISTRICT.
48. PADDAM VENU S/o. P SRI RAMULU, AGED 28 YEARS, R/o.
D.No.1-4, GATTUGUDEM VILLAGE, KANNAIGUDEM
PANCHAYAT, YATAPAKA MANDAL, EAST GODAVARI
DISTRICT.
49. KOMARAM RAVI TEJA S/o. K KRISHNA, AGED 28 YEARS,
R/o. D.No.1-7, COMMUNITY HALL CENTER, DEVARAM
VILLAGE, DEVIPATNAM MANDAL, EAST GODAVARI
DISTRICT.
6
50. PEETA RAJASEKHAR S/o. P VISWANADHAM, AGED 34
YEARS, R/o. D.No.1-17/A, MADHYA VEEDHI,
BAYYANAPALLEM, NELLIPUDI, EAST GODAVARI DISTRICT.
51. KAKA SUDHAKAR S/o. JOGARAO, AGED 38 YEARS, R/o.
D.No.2-91, NELLIPAKA, YATAPAKA, MURUMURU, EAST
GODAVARI DISTRICT.
52. PENUBALLI NAKSHATRA W/o. TIRUPATHI RAO, AGED 38
YEARS, R/o. D.No.B1-148, KANNAIGUDEM VILLAGE,
YATAPAKA MANDAL, EAST GODAVARI DISTRICT.
53. MELIGA MAHESWAR RAO S/o. M MALLURU, AGED 35
YEARS, R/o. D.No.1-28, YANAMBAILU, PALVANCHA
MANDAL, BHADRADI KOTHAGUDEM DISTRICT,
TELANGANA STATE.
54. SEESAM VENKATESH S/o. S ADHAIAH, AGED 35 YEARS,
R/o. D.No.1-62, BOJJIGUPPA VILLAGE, YATAPAKA MANDAL,
EAST GODAVARI DISTRICT.
55. PUNEM RAMU S/o. P RAJAIAH, AGED 35 YEARS, R/o.
D.No.2-17, KUYUGURU VILLAGE, EAST GODAVARI
DISTRICT
56. BOKILI KANNARAO S/o. SIRAMAIAH, AGED 32 YEARS, R/o.
D.No.1-27, CHIDUMURUM, KHAMMAM DISTRICT,
TELANGANA STATE.
57. PANDI NARESH S/o. PULLAIAH, AGED 35 YEARS, R/o.
D.No.10-80/E/A/1, SANTHA BAZAR, WYRA, KHAMMAM
DISTRICT, TELANGANA STATE
58. PENUBALI CHANDRAMOHAN S/o. LATE P BHADRAIAH,
AGED 45 YEARS, R/o. D.No.1-32, KANNAIGUDEM
VILLAGE,YATAPAKA MANDAL, EAST GODAVARI DISTRICT.
59. MADIYAM RAVI S/o. MALLESH, AGED 28 YEARS, R/o.
D.No.3-29, LAKKAVARAM VILLAGE, CHINTURU MANDAL,
EAST GODAVARI DISTRICT.
60. BODDA RAMESH S/o. LAKSHMAIAH, AGED 37 YEARS, R/o.
D.No.1-22, RAMAVARAM, CHOPALLE, EAST GODAVARI
DISTRICT. RESPONDENT NOS 11 TO 60 ARE IMPLEADED
AS PER THE COURT'S ORDER DT.20.03.2025 IN I.A.NO.01
OF 2024. ...RESPONDENT(S)
7
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue a writ, order or direction more
particularly one in the nature of writ of Mandamus, declare the action of
Respondent No 4 to 10 in allotting liquor shops in Agency 5th
Scheduled Areas by Drawl of Lots without obtaining prior permission of
concerned Grama Sabha is bad, arbitrary, illegal, un constitutional,
clear violation of Constitution of India, and set-aside G.O.Ms.No. 211,
Revenue (Excise), Dt. 30 September, 2024 to the extent of its
application/implementation in Agency 5th Schedule Areas and
consequently direct the Respondents not to implement its Excise policy
in the Agency 5th Scheduled area without obtaining prior permission of
the concerned Grama Sabha and pass such other order or orders.
Counsel for the Petitioner(S):
1. SRIMAN
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR PROHIBITION EXCISE
3. GP FOR REVENUE
4. GINJUPALLI SUBBA RAO
5. GP FOR SOCIAL WELFARE
The Court made the following:
8
ORDER:
The present Writ Petition is filed aggrieved by the action of the
respondent No.1 in issuing G.O.Ms.No.211, dated 30.09.2024,
Revenue (Excise) Department, for allotment of liquor shops in the State
of Andhra Pradesh and implementing the said G.O. to the agency 5th
scheduled areas, without obtaining prior resolution of the Grama Sabha
as contemplated by the Panchayats Extension to Scheduled Areas Act,
1996 and Rules, 2011 on the ground that the said act of the respondent
No.1 is bad, arbitrary, illegal, unconstitutional and clear violation of
Article 244(1) r/w fifth Schedule to the Constitution of India and
Panchayat Extension to Scheduled Areas Act, 1996 and Rules 2011
(hereinafter called PESA Rules, 2011).
2. It is narrated in the affidavit that the Government has invited
private persons/ entities to make applications for grant of privilege for
selling of IMFL and FL by shops and the selection process for grant of
privilege to the shop shall be by Drawl of Lots and the G.O.Ms.No.211
is silent about the implementation of agency scheduled areas. And the
said allotment of shops by drawl is contrary to the PESA Rules, 2011.
3. It is gainful to extract the relevant PESA Rule for effective
disposal of the Writ Petition, is hereby extracted:
9
8. Powers and functions of Gram Panchayats and Mandal
Parishads
(a) The Department concerned shall inform its intention to
establish a unit for manufacturing liquor in a village to the
Gram Sabha concerned for its opinion on the production or
manufacture of liquor in the said village. Gram Sabha will
convey its opinion in the form of a resolution within four
weeks. Based on the resolution of the Gram Sabha the
department concerned shall act upon about the production/
manufacture of liquor in the village under intimation to Gram
Sabha concerned.
(b) The Gram Sabha shall be consulted before the grant of any
license to open liquor shop in the village. Gram Sabha will
convey its opinion in the form of resolution within four weeks.
The license shall be granted to local scheduled tribe only.
(c) The Department concerned shall issue a speaking order for
granting or not granting any license to open liquor shop/bar
in the village under intimation to the Gram Sabha concerned.
The Gram Sabha resolution shall be binding and final.
(d) The Gram Sabha shall determine the quantity of traditional
liquor that may be brewed/ produced by the Scheduled
Tribes living in a village for their consumption but not for sale
having regard to the traditions, customs relating to
consumption of local liquor during marriage and other social
and religious ceremonies and their cultural identity.
10
4. It is further stated that the petitioners made representations to the
respondents to follow PESA Rules, 2011, before allotting shops on
drawl to the respective stakeholders, but they have not followed the
same. Hence, the present Writ Petition is filed to direct the respondents
to obtain prior permission of the concerned Grama Sabha before
allotting shops on drawls.
5. Pending disposal of the Writ Petition, the unofficial respondents
and stakeholders have filed I.A. No.1 of 2024 to bring them as party
respondents to the Writ Petition for effective disposal of the Writ
Petition. The said I.A. was allowed vide order dated 20.03.2025 and
unofficial respondents are brought on record.
6. The official respondent Nos.8 and 10 have filed their counter
affidavit denying all the averments made in the Writ Petition. At the
outset, it is stated that no legal or fundamental right of the Writ
Petitioners herein have been violated by the allotment of the A4
licenses to the unofficial respondents and the shops were disposed of
only proposals by allotting to the ST candidates conducted on
14.10.2024 and no private persons have been allotted the shops in the
fifth scheduled agency area and relied on the judgments of the Hon’ble
Apex Court in the case of Ayaaubkhan Noorkhan Pathan v. State of
11
Maharashtra1 for the proposition that a stranger cannot be permitted to
meddle in any legal proceeding unless he satisfies the authority or
Court, that he falls within the category of an aggrieved persons. The
petitioners herein have not suffered any legal injury by the action of the
official respondents. Since, they are not the applicants for the allotment
of the A4 shops in the scheduled areas of Eluru, Parvathipuram,
Manyam and Alluri Sitharama Raju Districts of the State of Andhra
Pradesh.
7. And it is further stated that it is not the case of the petitioners that
they are the unsuccessful applicants for A4 shops. They do not even
have a ground of any prejudice having been caused to them by the
allotment of A4 shops to the unofficial respondents herein. And the
petitioners have no enforceable right judicially recognized and they do
not claim any prejudice having been caused to them. Only a person
who has suffered from legal injury can challenge the act/action/order
etc., in a Court of law.
8. A writ petition under Article 226 of the Constitution of India, is
maintainable either for the purpose of enforcing a statutory or legal
right, or when there is a complaint that there has been a breach of
statutory duty on the part of the authorities. Wherefore, petitioners
must possess a judicially enforceable right available for enforcement,
1
(2013) 4 SCC 465
12
on the basis of which writ jurisdiction is resorted to. The Court can, of
course, enforce the performance of a statutory duty by a public body,
using its writ jurisdiction at the behest of a person, provided that such
person satisfies the Court that he has a legal right to insist on such
performance. The ‘legal right’ means an entitlement arising out of legal
rules. Thus, it may be defined as an advantage, or a benefit conferred
upon a person by the rule of law. The expression, ‘person aggrieved’
does not include a person who suffers from a psychological or an
imaginary injury; a person aggrieved must, therefore, necessarily be
one whose right or interest has been adversely affected or jeopardized.
9. Though, it is stated in the counter affidavit, while the respondents
have obtained resolution from the Grama Sabha, the same was denied
by the petitioner by drawing the attention of the Court to the
proceedings addressed by the Director of Tribal Welfare dated
30.03.2023. The Director of Tribal Welfare vide proceedings dated
30.03.2023 directed to conduct election to the posts of Vice President
and Secretary to the villages/Grama Sabhas which are required to be
held in the scheduled areas of the Districts. Admittedly, no Grama
Sabha has been constituted under PESA Rules, 2011, by the date of
granting licenses to sell liquor, to the un-official respondents.
13
10. Learned counsel appearing for the petitioners relied on the order
in Writ Appeal No.1506 of 2017 of the erstwhile High Court of Andhra
Pradesh. In the said order dated 12.10.2017, the Division Bench of the
erstwhile High Court of Andhra Pradesh, has directed the authorities
concerned, pending further orders in the Writ Petition, not to grant a
licence to open a bar or a liquor shop in the Scheduled Areas without a
specific resolution being passed by the concerned Grama Sabha. The
said order specifies that permission of Grama Sabha on PESA Rules,
2011, is essential. Placing reliance on above said order, it is
emphasized that a resolution is mandatory by the Grama Sabha under
the PESA Rules, 2011, for allotment of the shops to sell liquor in the
scheduled areas.
11. Either, the petitioner or the respondents’ counsel has not
answered the Court’s query as to who filed the Writ Petition, whether
the 3rd party or the unsuccessful stakeholders, hence this issue is
declined to rely on the order in Writ Appeal.
12. The Writ Petition is filed in the year 2023. However, this Court
has not granted any interim orders suspending the G.O. impugned. The
license granted to the unofficial respondents commenced from
12.10.2024, valid up to 30.09.2026. The period of license will come to
end by 30.09.2026 nearly after 5 months from the date of the order.
14
13. As rightly argued by the learned Government Pleader for the
Excise Department, the petitioners are not stakeholders as they have
not participated in the drawls of lots. The learned Government Pleader
has relied on the following judgments in the cases of 1) Chandra
Bhushan Pandey v. Sri Narain Singh2 2) NHAI v. Gwalior-Jhansi
Expressway Ltd.,3 3) Chairman, Railway Board and others v.
Chandrima Das and others4 and the judgment of the Madras High
Court in W.P. No.13613 of 2017 dated 26.07.2017 for the proposition
that the party who has not participated in the tender cannot challenge
the conditions of the tender and also relied orders of the Delhi High
Court in W.P. (C) No.8220 of 2024 and CM Application No.33782 of
2024 for the proposition that a party which has not participated in a
tender process does not have any locus to challenge the award of the
tender and cannot be heard to make any grievances as such a party
does not acquire any right in the tender.
14. The Hon’ble Apex Court had held that there is no fundamental
right in dealing with the intoxicated liquor in the case of State of
Andhra Pradesh and others v. McDowell & Company and others5.
15. The Writ Petition cannot be entertained for personal gain or
private profit. The petitioner is really to help the needy suffering from
2
2011 SCC OnLine All 1365
3
(2018) 8 SCC 243
4
(2000) 2 SCC 465
5
(1996) 3 SCC 709
15
violation for their fundamental rights or of rights conferred under the
statute, ought to have filed public interest litigation but not a writ petition
for personal gain or for any oblique consideration. Ergo, the Writ
Petition deserves rejection.
16. However, in the present case, the petitioners are not aggrieved
parties. Therefore, the judgments relied by the learned Government
Pleader for Excise, are squarely applicable to the present facts of the
case. As the petitioners are not aggrieved parties, this Court is not
inclined to direct the respondents to cancel any licence issued to the
unofficial respondents. However, this Court directs that on the expiry of
the A4 license, the same shall be extended only on obtaining the
permission of the Grama Sabha for extension as per the PESA Rules.
17. Accordingly, the Writ Petition is dismissed. However, no order as
to costs.
As a sequel, interlocutory applications, if any, pending in this writ
petition shall stand closed.
__________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 28.04.2026
Harin
16
18
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No. 24922 OF 2024
Date: 28-04-2026
Harin