IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 27196 of 1999 Between: J.Karunakar, S/o. J.S.Raja, Christian, R/o. Door No. 21/571/2, Palem Papaiah Street, Cuddapah. ..... PETITIONER AND 1 Asst. Drug Controller, Cuddapah. 2 Deputy Commissioner (CT), Kurnool. 3 Asst. Commercial Tax Officer, No.1 (FAC), Cuddapah. 4 Smt. V.Santhi, W/o. V. Dasthagiri Reddy, D.No.21/618, Hospital Road, Cuddapah. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the order of the 2nd respondent in Appeal No.195/99-2000 dated 8-11-1999 is illegal, arbitrary and in violation of principles of natural justice and set aside the same and consequently direct the respondents 1 to 3 herein not to issue any fresh licence to the 4th respondent. Counsel for the Petitioner:MR.C.V.V.PRASAD Counsel for the Respondent Nos.1 to 3: Spl. SC for CT Counsel for the Respondent No.4: None appeared. The Court made the following : ORDER: (Per BPR, J) This writ petition is filed seeking a writ of mandamus to declare the order of the second respondent in Appeal No.195/99-2000, dated 08.11.1999, as illegal and arbitrary. When the matter is taken up for hearing, it is submitted by the learned Counsel on either side that the subject matter of this writ petition is squarely covered by the judgment of this Court in W.P.No.16326 of 1996 (ALAPATI JALAIAH v. THE ASSISTANT COMMERCIAL TAX OFFICER, GUNTUR), dated 26.08.1998, wherein it was held that the third party is not entitled to file an appeal, except at the instance of a dealer. Following the said judgment, the Writ Petition is dismissed. No costs. _________________ B. PRAKASH RAO, J __________________ C.Y.SOMAYAJULU, J Dated: 21.04.2008. sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CD copies Form-NIC-OGS/WP{KRD}