IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH 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: 15935 of 2000 BETWEEN: M/s Janapriya Wines, Rep by its Proprietor Mr. K. Venugopal, H.No. 26-26-35, Howrah Bridge Centre, Visakhapatnam. ... PETITIONER AND 1 The Government of A.P., Rep by the Principal Secretary, (Revenue)Government of A.P., Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, Government of A.P. M.J. Market Road, Opp: Gandhi Bhavan, Nampally, Hyderabad. 3 The Managing Director, A.P.B.C.L., Posnett Bhavan, Tilak Road, Hyderabad. 4 The Superintendent of Prohibition & Excise, Opp: Andhra University, Visakhapatnam. 5 The Union of India, Rep by it Ministry of Civil Supplies, Consumer Affairs & Public Distribution (Dept. of Civil Supp), New Delhi. 6 The Director General of Weights and Measures, Department of Legal Metrology, Boggulakunta, 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 a Writ, Order or direction one in the nature of Certiorari: a) Declaring the G.O.M.S.No.174 Revenue (Excise II) Dated 31/3/2000 in inserting Rule 11-A for fixation of Recommended Maximum Retail Price on each variety of liquor as null and void and the same may be strike down as unconstitutional and contrary to the exemption granted under Rule 6(1) c (iii) of the Standards of Weights & Measures (Packaged Commodities) Rules 1977. b) Granting all consequential benefits including costs. Or any other orders appropriate in the case may be passed. Counsel for the Petitioner: MR.R.NAGENDRA NAIDU Counsel for the Respondents: GP FOR PROHIBITION & EXCISE MR. G. MANOHAR IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH 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: 17745 of 2000 BETWEEN: 1 M/s. Anuradha Wines Form IL-24Shop, Rep.by it's Licensee, P.Srubuvasulu,S/o. Hanumanthu, D.No.2/67, Old Bus Stop Area, Dharmavaram, Anantapur District. 2 M/s. R.S Wines Form IL-24Shop, Rep.by it's Licensee, R.Subrahmanyam, S/o. Subbi Reddy, Shop No.3 Railway Gate Area, Dharmavaram, Anantapur District. ... PETITIONERS AND 1 The Government of Andhra Pradesh, by it's Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Government of Andhra Pradesh, Hyderabad. 3 The Managing Director, A.P. Beverages Corporation Ltd., Tilak Road, Hyderabad. 4 The Prohibition & Excise Superintendent, Anantapur 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 may be pleased to issue an appropriate writ, order or direction mostly one which is in the nature of Writ of Mandamus declaring Rule 11-A of A.P.(Regulation of Wholesale Trade and Distribution of India Liquor, Foreign Liquor, Wine and Beer) Rules,1993 as amended by the G.O.Ms.No.174 Revenue (Excise II) dt.31.3.2000 as unconstitutional, null and void and strike down the same holding that the Respondents shall not direct the printing of Recommended Maximum Retail Price on the labels of the liquors, wine, beer etc. by the manufacturers and pass such other order or orders as it may deem fit. Counsel for the Petitioners: MR.P.VEERA REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE MR. G. MANOHAR The Court made the following: COMMON ORDER: (per Hon’ble Sri Justice V. Eswaraiah) None appears for the petitioners. 2. Learned Government Pleader for Prohibition & Excise appearing for the respondents submits that the subject matter and the controversy involved in these writ petitioners has been settled by the Division Bench of this Court in COMMISSIONER OF PROHIBITION AND EXCISE V. M. SATYANARAYANA GOUD[1]. Following the aforesaid judgment, the writ petitions are dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J February 11, 2009 DSK [1] 2004 (6) ALT 76