IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 11583 of 2004 Between: M/s. Dhanalaxmi wines rep by J. Dharama Rao S/o Venkata Swamy, R/o Palakol, Madhavapalem (V), Narasapur Mandal, West Godavari district ..... PETITIONER AND 1 The Commissioner, Prohibition and Excise Government of Andhra Pradesh Nampallay, Hyderabad 2 The Prohibition and Excise Superintendent, West Godavari District, Eluru, 3 The Governmetn of A.P. rep by Principal Secretary, Revenue (EX- II)Department, Secretariat Buildings, Secretariat, Hyderabad .....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 issue order or orders, direction or directions, Writ or writs, particularly one in the nature of Writ of Mandamus and declare the action of the respondents in issuing the proceedigns Rc. No. 1422/2001/AS.dt. 15-12-2003 wherein rejected the representation of the petitioenr for refund of the proportionate license fee for the period 12-5-1998 to 31-3-1999 & 8-5-2001 to 16-1-2002 is illegal, arbitrary against the Sec. 32 (2) of the A.P. Excise Act and Rule 33 (Indian and Foreign Liquor retail Sale conditions of License) Rules 1993, consequently direct the respondents to refund the proportionate license fee for the period 12-5-1998 to 31-3-1999 & 8-5-2001 to 16-1-2002 tot he petitioner Counsel for the Petitioner:MR.VENKATESWARA RAO KADIAM Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R No representation on behalf of the petitioner today also. G.P. present. Hence, writ petition is dismissed for non-prosecution with costs. ------------------------------------ JUSTICE C.Y.SOMAYAJULU 19th FEBRUARY, 2008 PGS To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE C.Y.SOMAYAJULU W.P.NO.11583 OF 2004 19TH FEBRUARY, 2008