IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9717 of 2001 Between: M/s Sri Krishna Wines Rpe by its Licences, Peddakallepalli, Mopidevi Mandal, Krishna Dist. ..... PETITIONER AND 1 The Govt of A.P., rep by itsCommissioner of Prohb & Excise, Nampally, Hyd. 2 The Superintendent of Proh& Excise, Machilipatnam, Krishna Dist. 3 Ch.V.Narsaimha Rao S/o Not Known, Gudiwada, Krishna Dist. .....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 order or orders direction or directions, writ or writs, particularly one in the nature of WRIT OF MANDAMUS & declare the action of the R1 & 2 in allowing the 3rd petitioner to establish a IL 24 retail shop in diff palce or village than Mopidevi which is notified in the Gazette notification in Gazette No.11 /2001 dt 2-5-2001 is illegal, arbitrary & agianst the Rules, provisions of G.O.Ms.No.169, Revenue ( Excise II) Dept dt 31-3-2000, G.O.Ms.No. 170 (excise II) Dept, dt 31-2-2000 issued by the govt & instruction issued by the Govt, from time to time consequently direct the respondets to permit the R3 to open a IL 24 retail shop only at the place as notified in the Gazette notification No.11 /2001 in Krishna Dist dt 2-5-2001. Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9717 of 2001 ORDER: Ms.B.Vara Laxmi, learned counsel representing Sri K.L.N.Swamy, learned counsel appearing for the petitioner, submits that the subject matter of the writ petition has become infructuous. Recording the said statement, the writ petition is dismissed as infructuous. There shall be no order as to costs. ___________ 31-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VEENA}