IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 26423 of 2008 Between: P. Vijaya Kumar, S/. Late P. Mysaiah, Sri Mahalakshmi Wines, Shop No. 10-2-1167/55-A, Tilak Nagar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Government of A.P. Hyderabad. 2 The Deputy Commissioner, Prohibition and Excise, Hyderabad. 3 The Superintendent Prohibition and Excise, Secunderabad. 4 The District Collector and District Magistrate, Hyderabad. 5 A. Jitender Reddy, Wine Shop Owner, Jahanuma - 2, Ward No. 71 (Old) Presently Sri Durga Wines at Ward No. 9, H.No. 2-1-390/A1, Nallakunta, Opp : Fever Hospital, 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 will be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in permitting the shifting/re-location of 5th respondents shop situated at Ward No. 71 Jahanuma-2, Hyderabad under Notification published by the 4th respondent dt. 6-6-2008 to a place which is not notified at Ward No. 9, Nallakunta, Hyderabad to do business is illegal, arbitrary and contrary to Rule 2, 4, 5 and 29 (3) of Rules made under A.P. Excise (Lease of Right) of Selling by shop and conditions of License) Rules, 2005 and consequently direct the respondents 1 to 4 to allow 5th respondent to run the shop at the Ward No. 9, Nallkunta, Hyderabad. Counsel for the Petitioner: MR.M. JANARDHAN RAO Counsel for Respondents 1 to 4: AGP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No: 26423 of 2008 ORDER:- This Writ Petition is filed for the following substantive relief: “ … Hon’ble Court may be pleased to issue Writ of Mandamus declaring the action of the respondents 1 to 4 in permitting the shifting/re-location of 5th respondent’s shop situated at Ward No. 71 Jahanuma-2, Hyderabad under Notification published by the 4th respondent dt. 6-6-2008 to a place which is not notified at Ward No. 9, Nallakunta, Hyderabad to do business as illegal, arbitrary and contrary to Rule 3, 4, 5 and 29 (3) of Rules made under A.P. Excise (Lease of Right) of Selling by shop and conditions of License) Rules, 2005 and consequently direct the respondents 1 to 4 not to allow 5th respondent to run the shop at the Ward No. 9, Nallakunta, Hyderabad.” At the hearing, learned Assistant Government Pleader for Prohibition and Excise, on instructions, submitted that in pursuance of order dated 03.12.2008 passed by this Court, respondent No.1 rejected the objections of the petitioner and permitted respondent No.5 to shift his business premises to the place in dispute. Sri M. Janardhana Rao, learned counsel representing the petitioner admitted this fact. In view of these subsequent events, the cause in the writ petition does not survive for consideration. The Writ Petition is therefore dismissed with liberty to the petitioner to avail appropriate remedy to question the order passed by respondent No.1. As a sequel to dismissal of the writ petition, WPMP.No.34587 of 2008 filed by the petitioner for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J. 9th June, 2009 lmv/es THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No: 26423 of 2008 9th June, 2009 lmv/es