IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 777 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 21/07/2008 in WP No : 4208 OF 1998 on the file of the High Court.) Between: 1 Vempuluru Narasaiah, s/o Bujjaiah, aged about 70 years, Narsapuram village, Indukurpet mandal, Nellore District. 2 Nimmala Eswaraiah, s/o Pentaiah, aged 60 years, r/o Koruturu village, Indukurupet mandal, Nellore District. ..... APPELLANTS AND 1.The Commissioner of Prohibition & Excise, Nampally, Hyderabad. 2.The Assistant Commissioner of Prohibition & Excise, Nellore. 3.The District Collector, Nellore. 4.The Excise Superintendent, Nellore. 5.The Excise Circle Inspector, Neelagiri Sangham, Moolapet, Nellore. .....RESPONDENTs Counsel for the Appellants : Sri M.RVINDERNATH REDDY Counsel for the Respondent No.: G.P. FOR PROHIBITION & EXCISE The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR W.A. No.777 OF 2009 JUDGMENT: (Per Hon’ble Sri. Justice Sanjay Kumar). The petitioners in W.P.No:4208 of 1998 having succeeded before the learned single Judge, preferred this appeal aggrieved by a particular portion of the said order dated 21.7.2008 whereby the writ petition was allowed. They object to the finding of the learned Judge that the controversy relating to the illicit sale of liquor and non grant of B-licences is not relevant as the petitioners were liable to pay the admitted rentals for the whole year. Sri M.Ravindranath Reddy, the learned counsel appearing for the appellants contended that the said finding of the learned Judge while remanding the matter to the respondents-authorities for fresh consideration, would foreclose any further enquiry into the matter. The learned G.P. for Prohibition and Excise fairly conceded this aspect. Accordingly, the order of the learned Judge dated 21.7.2008 in W.P.No:4208 of 1998 is modified to the extent that the finding that ‘the controversy relating to the illicit sale of liquor and non grant of B-licences is not relevant as the petitioners are liable to pay the admitted rentals for the whole year’ shall stand deleted and the respondents-authorities to whom the matter has been remanded, shall enquire into the matter and pass fresh orders without reference to the said finding. Accordingly, the appeal is allowed to the extent indicated above. There shall be no order as to costs. __________________________ Justice T. MEENA KUMARI _______________________ Justice SANJAY KUMAR Dated 23rd June, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR W.A. No.777 of 2009 (Judgment of the Division Bench delivered by Hon’ble Sri. Justice Sanjay Kumar) Dated 23rd June, 2009.