IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18372 of 2005 Between: Andhra Pradesh Prohibition & Excise, Head Constables, Tray Markers and Constables Association (Regd. No. 153/88) Opp : Kishore Theature, Narayanaguda, Hyderabad. Rep by its Chairman, Mogili Koteshwar Rao, S/o. Shri Sydulu, aged 50,Occ:Prohibition & Excise Inspector, R/o. Plot No. 203, Mayuri Delux Apartments, Ring Road, Guntur. ..... PETITIONER AND 1 Special Chief Secretary to Government, Govt. of A.P. Prohibition and Excise Department, Andhra Pradesh, Secretariat, Saifabad, Hyderabad/ 2 Commissioner of Prohibition and Excise, IInf Floor, Commercial Taxes and Excise Commissioner's Complex, Opp : Exhibition Grounds, Nampally, Hyderabad. 3 Inspector of Police, Adids Police Station, Abids, Hdyerabad. .....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 orders more particularly one in the nature of Writ of Certiorari calling for the impugned G.O.in G.O. Rt.No. 523, Revenue (Excise-II) Department, dated 15-3-2005 and quash the same and consequently to declare the action of the respondents 1 and 2 in so far as harassing the members of the petitioner's association in the name of ESMA by registering criminal case against them under the guise of impugned G.O. as amounting to highly arbitrary, illegal and unconstitutional and pass such other order or orders as may be deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: SRI GOPALA KRISHNA KALANIDHI Counsel for the Respondents: GP FOR PROHIBITION AND EXCISE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18372 of 2005 ORDER: Andhra Pradesh Prohibition and Excise Head Constables, Tray Makers and Constables Association ﬁled the instant writ petition challenging the notiﬁcation issued by the Government of Andhra Pradesh represented by Special Chief Secretary to Government, under Section 3(1) read with Section 3(3) of the Andhra Pradesh Essential Services Maintenance Act, 1971, prohibiting strikes in the Andhra Pradesh Excise Service and the Andhra Pradesh Excise Subordinate Service in Prohibition and Excise Department for a period of six months with eﬀect from 17.03.2005. This Court is of considered opinion that the questions raised in this writ petition do not survive, because the impugned notiﬁcation ceased to operate with eﬀect from 17.09.2005. No further aﬃdavit is ﬁled before this Court showing that the notiﬁcation was further extended by issuance of another notification. The Writ Petition is, therefore, dismissed as infructuous. No costs. ____________ (V.V.S.RAO, J) 03.11.2008 vs To 1 Special Chief Secretary to Government, Govt. of A.P. Prohibition and Excise Department, Andhra Pradesh, Secretariat, Saifabad, Hyderabad/ 2 Commissioner of Prohibition and Excise, IInf Floor, Commercial Taxes and Excise Commissioner's Complex, Opp : Exhibition Grounds, Nampally, Hyderabad. 3 Inspector of Police, Adids Police Station, Abids, Hdyerabad. 4 2CCs to G.P for Prohibition and Excise, High Court of A.P., Hyderabad. 5 2CD copies. Form-NIC-OGS/WP{RLD}