IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7750 of 2009 Between: Adepu Ravinder, s/o Kumaraswamy, R/o.H.No. 11-24-130/1, Shanthi Nagar, Warangal, License of M/s. Sri Balaji Bar & Restaurant, at H.No. 11-24-432, Desaipet Road, Warangal ..... PETITIONER AND 1 The Deputy Commissioner, Prohibition & Excise Warangal Division, at Warangal 2 The Prohibition and Excise Superintendent, At Warangal 3 The Circle Inspector of Police,Mattewarda circle Warangal 4 The Sub-Inspector of Police, PS Matwada, 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 writ of mandamus declaring the action of the 3rd respondents in seizing the stock belongs to the petitioner on 12.4.2009 at about 22.30 hours in connection with Crime No.110 of 2009 on the file of PS Matwada at the licensed premises bearing H.No.11-24-432, Deshaipet Road, Warangal, is illegal, arbitrary, violative of Article 14,21 and 300A of Constitution of India and contrary to section 52 of AP Excise Act r/w rule 2 of the rules under AP Excise (Power and duties) rules, 1972 and if necessary to delare the crime No.110 of 2009 on the file of the PS Matwada Warangal dated 13.4.2009 is illegal, without jurisdiction and consequently direct the respondents to release the stocks to the petitiner which is sieized on 12.4.2009 by the 3rd respondent under custody of 4th respondent forthwith pass Counsel for the Petitioner:MR.A.RAVINDER Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: The petitioner is a license holder of Form-2B (Bar). The 2nd respondent – Prohibition and Excise Superintendent, Warangal issued a license for sale of liquor in bar to be consumed in the premises, which is valid up to 30.6.2009. While so, on 12.4.2009 at 22.30 hours, the 3rd respondent – Circle Inspector of Police, Mattewarda Circle, Warangal visited his shop and seized the duty paid liquor under a panchanama on the ground that the same is stocked in another store room instead of liquor stock area, shown in the blue print. Thereafter, the 3rd respondent lodged a complaint before the 4th respondent herein-Station House Officer, PS, Matwada, who is now investigating the matter. Challenging the same, the petitioner filed this writ petition seeking the following relief. “declaring the action of the 3rd respondents in seizing the stock belonging to the petitioner on 12.4.2009 at about 22.30 hours in connection with Crime No.110 of 2009 on the file of PS Matwada at the licensed premises bearing H.No.11-24-432, Deshaipet Road, Warangal, is illegal, arbitrary, violative of Article 14,21 and 300A of Constitution of India and contrary to section 52 of AP Excise Act r/w rule 2 of the rules under AP Excise (Power and duties) rules, 1972 and if necessary to declare the crime No.110 of 2009 on the file of the PS Matwada Warangal dated 13.4.2009 is illegal, without jurisdiction and consequently direct the respondents to release the stocks to the petitioner which is seized on 12.4.2009 by the 3rd respondent under custody of 4th respondent forthwith” Today, when the writ petition is taken up, it is submitted by the learned counsel for the petitioner that the seized stock has already been released by the 3rd respondent and so far as registering the crime and investigating into the same is concerned, it is stated that the petitioner seeks permission of the court to challenge the same before the appropriate forum. In view of the above, no further orders are required to be passed in this writ petition. The writ petition, is accordingly closed giving the liberty as prayed for. N.V.RAMANA,J Dt.27.4.2009 msv