IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 17127 of 2005 Between: 1 V.A. Jailabuddin S/o. V. P. Allapichai Proprietor of Rasi Wines, Maharajapuram VIllage, Vijayapuram Mandal, Chittoor District, 2 P. Govindaswamy Naidu S/o. P. Lakshmana Naidu Proprietor of New Rasi Wines, Situated at Maharajapuram VIllage, R/o. M. Agaram VIllage, Vijayapuram Mandal,Chittoor District, ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by the Commissioner, Prohibition & Excise, Hyderabad, 2 The Superintendent of Prohibition & Excise, Chittoor, Chittoor District, 3 The Inspector, Prohibition & Excise, Nagari, Chittoor District, 4 L. Jayachandra Reddy S/o. L. Sivalinga FReddy Proprietor M/s. Vinayaka Wines situated at Maharajapuram Village R/o. Narigapalli Village, Chittoor Mandal, Chittoor 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 to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 in recommending to the 1st respondent to permit the 4th Respondent to shift his business premises from the place where he had originally been licensed to carry on, to a place between the petitioner's respective shops even without considering the representation of the petitioners as as being illegal, arbitrary, and violative of Articles 19(1)(g), 21 and 300-A of the Constitution of India, and pass such other order or orders or as are deemed fit and proper. Counsel for the Petitioner:MR.P.HEMACHANDRA Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following Order: This writ Petition is filed seeking Writ of Mandamus to declare the action of the respondents 2 and 3 in recommending the first respondent to permit the fourth respondent to shift his business premises from the existing place to a place between the petitioners’ shops as illegal and arbitrary. As much as the excise year 2005-2006, during which the petitioners were granted licence in Form.A4, had come to an end, the subject matter of the Writ Petition has become infructuous. The Writ petition is, therefore, dismissed as infructuous. No order as to costs. ------------------------------------- JUSTICE R. SUBHASH REDDY DATED 22-2-2008 Msnr TO 1 The Government of Andhra Pradesh, Rep. by the Commissioner, Prohibition & Excise, Hyderabad, 2 The Superintendent of Prohibition & Excise, Chittoor, Chittoor District, 3 The Inspector, Prohibition & Excise, Nagari, Chittoor District, 4 . Two spare copies 5. Two CD copies