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 V.ESWARAIAH WRIT PETITION No: 9176 of 2004 BETWEEN: 1 Bethastha Koneru Lutharan Church, Konerupet, Pidimgoyyi, Rajahmundry Rural Mandal, E.G. District. 2 Harijana Kraistava Sankshema Sangam, Konerupet, Pidimgoyyi, Rajahmundry Rural Mandal, E.G. District. ... PETITIONERS AND 1 The Commissioner of Prohibition of Excise, A.P. Hyderabad. 2 The Deputy Commissioner of Proh & Excise, Kakinada, East Godavari District. 3 The Proh & Excise Superintendent, Kakinada, East Godavari Dist. 4 Sri Pothula Surayanarayana, S/o. Mahipathi Rao, Licensee of Sri Bala Bar & Restaurant, Door No.14-69, Konerupeta, Morampudi Junction, Rajamundry Rural Mandal E.G. Dist. ...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 more particularly one in the nature of writ of mandamus declaring the permission granted by the 1st respondent vide his order in Cr.No.9291/04/C.P.E/G3 dt.07-05-2004 to the 4th respondent for issue of License in Form IL 17 at D.No.14-69, Konerupeta, Pidimgoyyi, Rajahmundry Rural Mandal, East Godavari Dist. as illegal, arbitrary and violative of Rule 6 of A.P. Excise (Indian and Foreign liquor retail sale conditions of licenses Rules, 1993 and set aside the same and pass such other order or orders. Counsel for the Petitioners: MR.N.SIVA REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: The matter relates to the grant of IL 17(Bar) Licence in favour of the fourth respondent for the excise year 2004-2005. As the excise year is already over, I am of the opinion that the subject matter of the writ petition has become infructuous. The writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 21 2008 DSK