Old rules may block ban on highway liquor shops in Andhra Pradesh and Telangana
Hyderabad: The prevailing rules of Excise in AP and Telangana will become an obstacle to ban sale of liquor on national or state highways that pass within the limits of a municipal corporation, municipality or the gouthan in any village or panchayat area.
While announcing the Telangana New Excise Policy 2015-2017 in September 2015, the Telangana government had declared that licences would be issued in accordance with the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licence) Rules 2012.
The erstwhile AP government had allowed national and state highways which pass within the limits of a municipal corporation, municipality or the gouthan of any village or panchayat area to have liquor outlets and bars. The same rules were adopted by the newly formed state of Telangana.
A three-member committee headed by Justice K.S. Radhakrishnan, former judge of the Supreme Court, had recommended a ban on sale of liquor on highways and the apex court had asked all states to follow the recommendations. Several states across the country, including AP and Telangana, also came forward to implement the ban of liquor sale on highways.
The committee recommended a “ban on sale of alcohol on state and national highways and removal of hoardings and objects that obstruct driving”.
Rule change must for ban
Legal experts and even the Hyderabad High Court have categorically stated that ban on sale of liquor on highways cannot be enforced without amending the rules.
The Hyderabad High Court in a recent case had orally pointed out that as long as the rules that allowed sale of liquor on national and state highways that pass through settlements were not changed, the authorities could not enforce the ban on sale of liquor on highways. Mr Krishnam Raju, a resident of Gadwal town, had moved the High Court challenging an order passed by the Excise superintendent refusing his application to grant licence for a bar on grounds it was located within 100m from the state highway.
He had brought to the notice of the court that as per the existing rules, the authorities cannot refuse his application. Justice P.V. Sanjay Kumar, while accepting the petitioner’s contention, asked authorities “to consider his application”.The Telangana excise commissioner effected a liquor ban on 100-metres off highways.
