IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25649 of 2002 Between: N. Appa Rao & others. ..... Petitioners AND Tuni Municipality, Tuni, East Godavari District, Rep., by its Commissioner. .....Respondent Counsel for the petitioners : None Counsel for the respondent : Smt. Beena for Sri S. Nageswar Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25649 of 2002 ORDER:- This writ petition is filed for a Writ of Mandamus to declare that the respondent is not entitled to collect trade licence fee @ 1% of the total licence fee paid to the excise department. At the hearing, there is no representation for the petitioners. However, Smt. Beena representing Sri S. Nageswar Reddy, learned Standing Counsel for the respondent furnished copy of the judgment of this Court in Fertilizers, Pesticides and Seeds Dealers Welfare Association, Suryapet v. Municipal Council, Suryapet Municipality[1], wherein this Court, while dealing with the fertilizers, pesticides and seeds dealers, held that the municipalities cannot collect trade licence fee unless the trades in question are included in Schedule IV read with Section 263 of the Andhra Pradesh Municipalities Act, 1965. In the instant case, the petitioners specifically pleaded that the liquor trade is not included in Schedule IV and that therefore the respondent has no power and authority to levy trade licence fee on liquor traders. No counter-affidavit is filed controverting this averment. In the absence of inclusion of the liquor trade in Schedule IV, the respondent has no power to demand and recover the trade licence fee. Therefore, following the ratio contained in the abovementioned judgment, the writ petition is allowed. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.32393 of 2002 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 05.03.2009 ES [1] 2006 (1) ALD 574