IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5814 of 2004 Between: 1 Nekkanti Sai Prasad, S/o. Rama Rao, Hindu, Licensee of M/s. R.V.S. Bar & Restaurant, peddapuram, East Godavari District. 2 Ch. Papi Reddy, S/o. Venkata Reddy, Hindu, Licensee of M/s. Siva Durga Bar & Restaurant, peddapuram, East Godavari District. 3 K. Sankara Rao, S/o. Sri Ramulu Hindu, Licensee of M/s. Kalyani Bar & Restaurant, peddapuram, East Godavari District. 4 V. Seshagiri Rao, S/o. Narayanamurthy, Hindu, Licensee of M/s. Jaya Bar & Restaurant, Station Road, Samalkot, East Godavari District. 5 Pilli Srinivasa Rao, S/o. Bhaskar Rao, Hindu, Licensee of M/s. Jayasree Bar & Restaurant, Park Road, Pithapuram, East Godavari District. 6 Nalam Nageswar Rao, S/o. Achchi Raju, Hindu, Licensee of M/s. Kokila Wines, D.No.11-1-8, Main Road, Pithapuram, East Godavari District. 7 M. Kameswara Rao, S/o. Venkateswarlu, Hindu, Licensee of M/s. Kokila Wines, Kacheri Center, Pithapuram, East Godavari District. 8 Abbireddy Venkata Rao, S/o. Appa Rao, Hindu, Licensee of M/s. Siva Durga Wines, Suryavamsi Complex, Main Road, Pithapuram, East Godavari District. ..... PETITIONERS AND 1 Peddapuram Municipality, Peddapuram, East Godavari District. Rep. by its Commissioner. 2 Samalkot Municipality, Samalkot, East Godavari District, Rep. by its Commissioner. 3 Pithapuram Municipality, Pithapuram, East Godavari District. Rep. by its Commissioner. .....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 the action of the Municipalities in demanding the petitioners to pay trade licence fee @ 1% of the total licence fee paid to the Excise Department and proposing to initiate prosecution against them, as illegal, arbitrary and without jurisdiction and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.N.SIVA REDDY Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following : ORDER: It is submitted by the learned counsel appearing for both the parties that this writ petition is covered to be disposed of, in view of a judgment of this Court in the case of “Y.Venkateswara Rao and others Vs. the Prohibition and Excise Superintendent, Khammam District and another”[1]. Following the aforesaid judgment, this writ petition is also allowed, subject to condition that if the petitioners run Bar and Restaurants, they shall be liable to pay the trade license fee. No order as to costs. ___________________ R. SUBHASH REDDY, J 23rd July, 2009 CBS THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5814 of 2004 23rd July, 2009 CBS [1] 2006 (1) ALD 445.