IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL, TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 7246 of 2009 Between: 1 J.Koteswara Rao, S/o. Kotaiah, R/o. D.No.7-1-86 & 87, Ameerpet, Hyderabad. Licensee of M/s Ganga Wines, 2 G.Ramesh Kumar, S/o. Satyanarayana, R/o.Nagarjuna Nagar, Yellareddyguda, Hyderabad. Licensee of M/s Krishna Wines, 3 V.Bhima Rao, S/o. Dharma Rao, R/o. Sri Kirshna Nagara, Hyderaad. Licensee of M/s Uma Shankar Wines, 4 L.Srinivasa Rao, S/o.Ramulu, R/o. Banjaranagar, Borabanda, Hyderabad. Licensee of M/s Sri Sri Sri Chithari wines, 5 B.Rajsekhar Yadav, S/o. Sathaiah Yadav, Indira Nagar, Jubilee HIlls, Hyderabad. Licensee of M/s Jai Maha Wines, 6 K.Vijaya Bhaskar, S/o. Pedda Ramanaiah, Ameerpet, Hyderabad. Licensee of M/s Balaji Wines, 7 K.Ayyamma Chowdri, S/o. Sarathbabu, R/o. Balkampet, Hyderabad, Licensee of M/s Durga Wines 8 N.Madan Mohan Malavya S/o. Amaiah, Road No.2, Banjara Hills, Hyderabad. Licensee of M/s Sri Lakshmi Narasimha Wines, 9 Chaprala Narasimha Rao, S/o. Surya Prakash Rao, R/o. Road No.41, Jubilee Hills, Hyderabad. Licensee of M/s Jubilee Wine Spot, 10 S.Saidhaiah, S/o. Narasimha Rao, Sanjeeva Reddy nagara, Hyderabad. Licensee of M/s Sri Padmavathi Wines, 11 P.Someswara Rao, S/o. Ramakrishna, R/o. 45/3RT, S.R.Nagar, Hyderabad. Licensee of M/s Shiva Sagar Wines, 12 G.Ramaiah, S/o. Kotaaih, Film Nagar, Jubilee Hills, Hyderabad, Licensee of M/s Vijaya Durga Wines, 13 Y.rama Rao, S/o. Y.Suba Rao, Punjagutta, Main Road,Hyderabad. Licensee of M/s Shva Nag Wines, 14 A.N.V. Surya Prakash, S/o. Ram Prasad, Rajnagar, Borabanda, Hyderabad, Licensee of M/s No.1 wines, 15 P.Praveen Babu, S/o. P.Venkata Ratnaiah, R/o. 192, S.R.Nagar, Hyderabad. Licensee of M/s Sri Wines, Borabanda, Hyderabad. ..... PETITIONERS AND 1 The Commissioner of Police, Hyderabad City, Hyderabad. 2 Proh. & Excise Superintendent, Hyderabad. 3 Proh. & Excise Superintendent, Medchal, Ranga Reddy District. 4 The manager, Indian Bank, Repalle Branch, Repalle, Guntur district. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not considering the request 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 notification issued by the 1st respondent as illegal, arbitrary and contrary to the Section 20 of A.P. Excise Act and Consequently direct the 2nd and 3rd respondents to consider the representations of the petitioners dated 20.2.2009 and to refund the proportionate license fee for a period of six (6) days to the petitioners forthwith in the interest of justice. Counsel for the Petitioners: MR.A.JAGANNATHA RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.7246 of 2009 ORDER: Questioning the action of the 2nd and 3rd respondents in not considering the representations submitted by the petitioners on 20.02.2009, seeking to refund the proportionate license fee for the period during which they were prevented from conducting their business in view of the notifications issued by the 1st respondent on various dates, the present writ petition is filed. Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. In the facts and circumstances of the case, without expressing any opinion on merits, the respondents 2 and 3 are directed to consider the representations, dated 20.02.2009, submitted by the petitioners and pass appropriate orders thereon, in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of. No costs. _____________ N.V.RAMANA,J 07.04.2009 v v