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.10103 of 2002 Between: Singamaneni Srikanth, S/o Nrayana Choudary M/s Vinayaka Wines, Anathapur, IL-24 licence No. 233/2002-2003/D1 H.NO.6-1-699, Kovur Nagar, Ananthapur. ..... PETITIONER AND 1 The Government of A.P. Rep. by its Secretary, Prohibition & Excise, Secretariat Buildings Hyderabad. 2 The Commissioner of Proh. & Excise, Andhra Pradesh Hyderabad. 3 The Prohibition & Excise Superintendent, Ananthapur District. .....RESPONDENT(S) 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 a Writ of Mandamus or any other appropriate Writ or Order issuing notice in L.No.233/2002-2003/D1 dt: 10-5-2002 directing the petitioner and his partner Sri Balaji Naidu to remit Rs. 86,175/- into Government Treasury as illegal, arbitrary and in violation of principles of natural justice apart from violation of fundamental rights guaranteed under articles 19(1) (g) and 21 of the Constitution of India, and without jurisdiction and to award costs of this petition Counsel for the Petitioner:MR.T.S.NARAYANA Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10103 of 2002 ORDER: The matter relates to insisting upon payment of 10% of the fee payable for transfer of IL-24 licence as a condition precedent to its transfer in accordance with Rule 25(9) of the A.P.Indian Liquor and Foreign Liquor Rules, 1970 (for short “the Rules”) and the Rule 38(2) of the Rules. The scope and ambit of Rules 25(9) and 38(2) of the Rules have been considered by a Division Bench of this Court in W.A.No.113 of 2006, dated 01-02-2006 and held that the authorities are entitled to insist upon payment of 10% of the fee payable for transfer of IL-24 licence as a condition precedent to its transfer. In view of the aforesaid Division Bench judgment of this court, the petitioner is not entitled for any relief in this writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 31-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSKM}