IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 19433 of 2000 BETWEEN: M/s. Ravi Wines Form IL-24 Shop Rep. by its Licensee Kommineni Sitaramaiah, S/o. Rattaiah D.No. 3-1-382, Kankaragunta Gate, Guntur Town and District. ... PETITIONER AND 1 The Prohibition and Excise Superintendent, Guntur. 2 The Government of Andhra Pradesh Rep. by its Secretary, Revenue Department (Excise), Secretariat Buildings, Hyderabad. ...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 mostly one which is in the nature of a Writ of Mandamus declaring the Proviso to 25 (6) of A.P. Indian Liquor and Foreign Liquor Rules, 1970 which is introduced by way of an amendment through G.O.Ms.No.282 Revenue (Ex-III) Department Dated. 24.4.1998 of the Second Respondent as Unconstitutional, and strike down the same holding that it is contrary to Sec. 32 (2) of A.P. Excise Act, 1968 and direct the Respondents to refund an amount of Rs.50,000/- to the petitioner towards the amount deducted in excess than they are empowered under the Act and pass such other order or orders as it may deem fit. Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) When the matter was taken up for hearing on 09.02.2009, as none appeared, it was adjourned to 11.02.2009. On 11.02.2009 also as none appeared, it was directed to be listed under the caption ‘For Dismissal’. Even today, when the matter is taken up for hearing being listed under the caption ‘For Dismissal’, neither the petitioner appears nor there is any representation on its behalf. The writ petition is accordingly dismissed for default of the petitioner. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 16, 2009 DSK