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: 3609 of 2001 Between: A. Sudhakar Rao, S/o. Sri Kesava Rao, R/o. Buddharam Village of Mulug Ghanpur Mandal, Warangal District. ... PETITIONER AND 1 The Prohibition and Excise Inspector, Mulug, Warangal District. 2 The Excise Superintendent, Warangal. ...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, Order or Direction, more particularly one in the nature of a Writ of Certiorari calling for the records relating to the issuance of notice issued under Section 8 Clause 1 of A.P. Recovery Act, 1864 (Act No.2) for attaching the properties belonging to the petitioner for the alleged recovery of amounts due for liquor Shop No.1 & 3 of Mylaram Village, Mulugu Ghanpur Mandal, Warangal District, by the 1st respondent and quash the same as arbitrary and illegal and without authority and jurisdiction. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Learned counsel for the petitioner submits that towards the recovery of amounts due and payable by the petitioner for the liquor shop Nos.1 & 3 of Mylaram Village, Mulugu Ghanpur Mandal, Warangal District, the impugned notice under Section 8 Clause 1 of Andhra Pradesh Revenue Recovery Act, 1864 has been issued and that the said amount has already been recovered from out of the bank guarantee amount. 2. Having regard to the facts and circumstances of the case, if any amount is still due and payable by the petitioner, it is open to the respondents to recover the same after issuing a notice giving details of the amount already collected adjusting from the bank guarantee, while demanding the outstanding balance. But no relief can be granted to the petitioner in this writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 31, 2008 DSK