IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 16210 of 2004 Between: Ch.Veera Swamy, S/o.Late Narayana, D.No.5-207, Kothapeta, Market Street, Dhawaleswaram, East Godavari Dist. ..... PETITIONER AND 1 The Govt. of A.P. rep.by its Prl.Secretary to Govt. Revenue (Ex-II) Dept., Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, Nampally, Hyderabad. 3 Yedla Mahalaxmi, W/o.Srinivasa Rao, R/o.D.No.11-59, Car Street, Dhawaleswaram, East Godavari Dist. .....RESPONDENT(S) 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, direction or order especially in the nature of writ of Mandamus declaring the amendment made to clause (iii) in Rule-23 of A.P. IL & FL Rules, 1970 in G.O.Ms.No.151 Revenue (Excise-II), dated 30-03- 2002 in so far as granting IL-17 licences within a belt area of 1 Km.from the periphery of Municipalities and Municipal Corporation and within a belt area of 5 Km from the periphery of Municipal corporation as illegal, arbitrary, unconstitutional and violative of Article 14, 21 and 47 of the Constitution of India, and pass. Counsel for the Petitioner: MR.M.SUBRAHMANYAM Counsel for the Respondent : GP FOR PROHIBITION & EXCISE The Court made the following : ORDER : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO: 16210 of 2004 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed, J) Learned Asst. Government Pleader appearing for the respondents submits that cause in the writ petition has become infructuous. This submission remained un-controverted as none appeared for the petitioner. Recording the submission made by the learned Asst. Government Pleader, the writ petition is dismissed as having become infructuous. No costs. ___________________________ Ghulam Mohammed, J ________________________ Nooty Ramamohana Rao,J Dated :10-8-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies