IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 5415 of 2003 Between: S.Subbrayudu Raju, S/o.Venkata Subbaraju D.No.17/294 , Achari Street, Barrack Centre , Nellore. ..... PETITIONER AND The Prohibition & Excise Superintendent, Nellore. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ of Mandamus order or direction declaring the communication of the Prohibition & Excise Superintendent , Nellore , in Rc.N0.121/2003/A2, dated 5-3- 2003 to the extent of initiation of proceedings against the petitioner under Section 31(1)(b) of the A.P. Excise Act , as illegal and without jurisdiction and set-aside the same and interdict the respondent from initiating any action in relation to Licence No.43/2002-2003 held by the petitioner, in terms of Section 31(1) (b) of the A.P. Excise Act. Counsel for the Petitioner: MR.Y.VENKATESH REDDY Counsel for the Respondent: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R : It is submitted that the Writ Petition has become infructuous. Recording the same, the Writ Petition is dismissed as infructuous. No costs. -------------------- 28.10.2004 DRK Copy to: 1) The Prohibition & Excise Superintendent, Nellore. 2)Two CCs to the G.P. for Prohibition and Excise, High Court of A.P., High Court buildings, Hyderabad (o.u.t.). 3)Two CD copies.