THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P. NO. 18773 of 2002 DATED: 22-08-2007 Between:- Penkey Subba Rao s/o Nookayya Naidu, age 70 years, R/o Indrapalem, Kakinada, East Godavari District. …PETITIAONER And Probhition and Excise Superintendent, Kakinada, East Godavari District and another. …RESPONDENTS THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P. NO 18773 of 2002 O R D E R Questioning the action of the 2nd respondent, in demanding an amount of Rs. 7,040/- plus Rs. 30,485.19 ps. as principal and penal interest, as arbitrary and illegal, the present writ petition is filed. Learned Government Pleader for Prohibition places before this Court a fax letter issued by the Prohibition and Excise Department, Kakinada, wherein it is stated that the principal amount of Rs. 7,040/- had been paid by the petitioner vide Challan No. 1725, dated 09-08- 2007 under one time settlement scheme issued in G.O.Ms.No. 320, dated 10-06-2002 with extended time limit upto 31-10-2007. Learned Government Pleader for Prohibition would submit that payment made under G.O.Ms.No. 320 dated 10-6-2002, which was extended upto 31-10-2007, would entitle the petitioner for the benefit of waiver of penal interest of Rs. 30,485/-. In as much as the petitioner has already paid the principal amount of Rs.7,040/- and, since payment of this principal amount would entitled him to claim the benefit of waiver of interest of Rs. 30,485/- under G.O.Ms. No. 320, dated 10-06-2002, the cause in the writ petition does not survive adjudication and the writ petition is, accordingly, dismissed. No costs. _____________________________ RAMESH RANGANATHAN, J Dated: 22-08-2007 vp