IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF DECEMBER, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.19151 of 2009 Between: J. Koteswara Rao & others. … Petitioners And The Commissioner of Prohibition & Excise, Government of A.P., Nampally, Hyderabad, & 2 others. … Respondents Counsel for the petitioners : Sri A. Jagannatha Rao for Sri G.V.S. Mehar Kumar Counsel for respondents 1&2: GP for Prohibition & Excise This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.19152 of 2009 ORDER:- This writ petition is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings in Cr.No.B1/115/2009, dated 20.08.2009 passed by the 2nd respondent rejecting the claim of the petitioners for refund of proportionate license fee for the period during which they were prevented from conducting the business in view of the notifications issued by the 3rd respondent as illegal, arbitrary and contrary to Section 20 of the A.P. Excise Act by set aside the same and consequently direct the 1st and 2nd respondents to refund the proportionate license fee for a period of (6) days to the petitioners forthwith in the interest of justice.” At the hearing, learned counsel for both the parties agreed that in view of Andhra Pradesh Ordinance No.5 of 2009 no relief can be granted in favour of the petitioners, unless the validity of the said ordinance is successfully challenged. In view of the same, the writ petition is dismissed with liberty to the petitioners to question the validity of the said ordinance. As a sequel to dismissal of the writ petition, WPMP.No.25014 of 2009 filed by the petitioners for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 18.12.2009 ES