IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21395 of 2008 Between: 1 K. Nanaji, S/o. Late Kondal Rao, M/s. Vinayaka Geeta Bar and Restaurant, D.No. 3-4, Adarshnagar Near Old Dairy Farm, Visakhapatnam. 2 T. Geetha, W/o. Seva Kumar, M/s. Vinayaka Geeta Bar and Restaurant, D.No. 3-4, Adarshnagar Near Old Dairy Farm, Visakhapatnam. ..... PETITIONERS AND 1 The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad. 2 The Prohibition and Excise Superintendent, Visakhapatnam, Visakhapatnam District. ..RESPONDENTS Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following : O R D E R: This writ petition is filed for the following substantive relief: “It is prayed that this Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring the action of the 1st respondent in rejecting the claim of the petitioners for refund of proportionate licence fee for the period 20- 10-2003 to 28-04-2004 by his proceedings in Cr.No.15368/2006/CPE/G4 dated 1.9.2007 confirming the orders issued on 28-03-2006 vide proceedings 13825/2004/CPE/G2 as illegal, arbitrary and contrary to the provisions of A.P.Excise Act and consequently direct the respondents to refund the proportionate licence fee for the period from 20-10- 2003 to 28-04-2004.” At the hearing Sri O.Manoher Reddy, learned counsel for the petitioners, submitted that in view of the finding of this Court in W.P.No.21284 of 2006, on the power of the Commissioner of Prohibition and Excise to review his own order, the petitioners may be permitted to withdraw this writ petition with liberty to seek the remedy of review of order dated 28-06-2007 in W.P.No.21284 of 2006. This request of the learned counsel for the petitioners is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made. C.V.NAGARJUNA REDDY, J Dated 16th June, 2009 vrn