IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9098 of 2004 BETWEEN: Toddy Tappers Cooperative Society, Kakaguda, Secunderabad, Rep. by its president, R/o. Kakaguda, Secunderabad. ... PETITIONER AND 1. Commissioner of Prohibition & Excise, Govt. of A.P., Nampally, Hyderabad. 2. Prohibition & Excise Superintendent, Hyderabad Dist., Narayanaguda, Hyderabad. ...RESPONDENTS 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 a writ, order or direction, more in the nature of Mandamus, declaring the order of the commissioner of Proh. & Excise, the 1st respondent herein passed in CR.No.8059/2004/CPE/E2 dt.5-5-2004 and the order of Excise Superintendent, Hyderabad, the 2nd respondent herein in Cr.No.B2/862/2000/ ESH dt.7-5-2004 as illegal, arbitrary, unjust and unconstitutional being violative of principles of natural justice and declare it as null and void. Counsel for the Petitioner: Sri P.BALAMUKUNDA RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Learned Government Pleader submits that in view of the subsequent excise policy to the Greater Hyderabad Municipal Corporation prohibiting the toddy shops in twin cities, no toddy shops exist as on date in twin cities. Therefore, the subject matter of the writ petition has become infructuous, as there survives nothing in the writ petition for adjudication. In view of the above, the writ petition is accordingly dismissed as infructuous. There shall be no order as to costs. ______________ V. ESWARAIAH, J May 2, 2008 DSK