IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11659 of 2008 Between: N.Rajireddy S/o.N.Sanjeevareddy R/o.Gopalraopet Village, Ramadugu (M), Karimnagar District. Present R/o. at C/o. D.Ashok H.No.10-5, Vidyanagar, Pothireddypally 'X' Road, Sangareddy, Medak District. ..... PETITIONER AND 1 The Commissioner of Prohibition & Excise, Andhra Pradesh at Hyderabad. 2 The Prohibition & Excise Superintendent, Collectorate at Karimnagar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of 2nd respondent in withholding the amount of Rs.67,000/- parted by the Petitioner for renewal of the IML Shop licence as wholly arbitrary, illegal and violative of Art. 19 of the Constitution of India and hence direct the Respondents to return back the amount of Rs.67,000/- along with interest and pass such other order or orders. Counsel for the Petitioner:MR.CHILUMALA PRATAP REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: It is the case of the petitioner that he was issued licence by the second respondent to run IML Liquor Shop, Gopalraopet Village, Ramadugu Mandal, Karimnagar District. A sum of Rs.67,000/- was paid towards renewal of licence for the excise year 1999-2000, but the renewal has not been made. As the respondents caused injustice to the petitioner in not renewing the licence, he raised a consumer dispute in C.D.No.264 of 1999 before the District Consumer Forum, Karimnagar. The same was dismissed on 09.03.2005, on the ground that the transaction is a commercial transaction and that the petitioner is not a consumer. Thereafter, the petitioner filed an application before the second respondent- Prohibition & Excise Superintendent, Karimnagar, seeking refund of the amount of Rs.67,000/- paid vide challan No.6968, dated 30.04.1999, for renewal of licence. The second respondent forwarded the said application to the first respondent-Commissioner of Prohibition & Excise, Hyderabad. It appears that the first respondent called for remarks from the second respondent, and accordingly, the second respondent submitted a report in Rc.No.1157/P&Ex/99/A2, dated 24.08.2006, furnishing particulars about remittance of the amount. Since the matter is pending before the first respondent, without going into the merits of the matter, the Writ Petition is disposed of directing the first respondent to consider and dispose of the matter relating to refund of a sum of Rs.67,000/- paid towards one third of the licence fee by the petitioner vide challan No.6968l dated 30.04.1999, as expeditiously as possible, without any undue delay. No costs. _____________ V.ESWARAIAH,J Dt:10.06.2008 GJ