IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH 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 : 12021 of 2000 Between: M. Nagabhushanam S/o. Rathaiah R/o. Kakinada, East Godavari District. ..... PETITIONER AND 1) The Government of Andhra Pradesh, Rep. by its Secretary, Revenue (Excise) Dept., Secretariat, Hyderabad. 2) The Commissioner of Prohibition & Excise Govt. of A.P. Hyderabad. 3) Prohibition & Excise Superintendent, at Kakinada. East Godavari 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 will be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the Rule 53 (4) of Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 as illegal, arbitrary, contrary to Section 31 of A.P.Excise Act, 1968 and violative of Article 14 of the Constitution of India and consequently set aside the proceedings of the Prohibition and Excise Superintendent, Kakinada, East Godavari District in Rc.No. 345/98/B4, dt. 13-6-98 and further directing the respondents to and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Sri Kameshwar Rao, learned counsel representing Sri Challa Dhanamjaya, learned counsel for the petitioner, submits that the subject matter of the writ petition has become infructuous and there survives no cause for adjudication. Recording the above submission, the writ petition is accordingly dismissed as infructuous and the interim suspension granted on 11.07.2000 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J _________________________ VILAS V.AFZALPURKAR, J 10th February, 2009 SUR/DSK