IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8819 of 2003 Between: Riyazuddin, S/o. Sharfuddin R/o. H.No. 5-9-951, Mahbobgunj, Hyderabad. ..... PETITIONER AND 1 Northern Power Distribution Company of A.P. Limited, Waranga Rep. by its Chief General Manager, P & MM/NPDC, H.No. 1-4-478 & 503, Opp: REC Petrol Pump, Chaitanyapuri, Hanamkonda, Warangal - 506 004. 2 M.S.T.C. ( A Government of India Enterprise), Rep. by its D.M., Subbirami Reddy Complex, 3rd Floor, 30-15-76, Dabagarden, Visakhapatnam. 3 Asst. Divisional Engineer, A.P. Northern Power Distribution Company Ltd., District Stores Nizamabad. .....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 direction and more particularly one in the nature of Writ of Mandamus declaring that the respondents have no right whatsoever to collect a sum of Rs. 10,140/- (Rupees ten thousand one hundred and forty only) as excise duty on iron scrap item No. 13 of group-1 i.e. HT Steel Wire scrap (4mm) (9782 Kgs) as the excise duty is not levyable on iron scrap consequently the respondents may be directed to return back amount of Rs. 10,140/- (Rupees ten thousand one hundred and forty only) which was paid by the petitioner through demand draft No. 426660 dated 17-2-2003 with interest @ 18% p.a. from the date of payment till the amount is refunded to the petitioner. Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Petition No.8819 of 2003 ORDER: The learned counsel for the petitioner submits that the subject matter of the Writ Petition has become infructuous. Recording the above submission made by the learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. ____________________ R.SUBHASH REDDY, J. 02nd June, 2009. skmr/gk