IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7812 of 2005 Between: Nandavaram Gram Panchayat, Rep by its Sarpanch T. Chinnaiah, S/o. Yerukala Naidu, aged 55 years, R/o. Nandavaram Village, Marripadu Mandal, Nellore District. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 2 The Prohibition & Excise Superintendent, Nellore. 3 G. Chennaiah, Proprietor of Sri Sai Wines, Nandavaram Village, Marripadu Mandal, Nellore District. .....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 to issue an order, writ or direction more particularly a Writ of Mandamus Under Article 226 of Constitution of India declaring the declaring the inaction of the respondents 1 & 2 in considering the representations submitted by the villagers of Nandavaram Village as well as the resolutions of petitioner Gram Panchayat objecting for the shifting of liquor retail shop of 3rd respondent i.e. "Sri Sai Wines' from Marripadu Town to Dalitwada of Nandavaram Village and Ramanaidupalli Village and also declare the order passed by the 1st respondent in his proceedings Cr.No. 2611/2004/CPE/G2 dated 23-11-2004 and the consequential orders of the 2nd respondent in Rc.No. 248/2003/A5 dated 30-1-2005 as illegal, arbitrary and unjust and consequently set aside both the orders and pass such other order or orders that the Honourable court deem fit and proper in the circumstances of the case in the interest of justice Counsel for the Petitioner:MR.M.PRABHAKARA RAO Counsel for the Respondents 1&2 : GP FOR PROHIBITION & EXCISE Counsel for Respondent No.3: MR.M.VENKATA NARAYANA The Court made the following ORDER: In this Writ Petition, the petitioner-gram panchayat questions the order of the first respondent in proceedings Cr.No.26114/2004/CPE/G2, dated 23-11-2004, by which, the third respondent was permitted to shift the licenced premises, M/s. Sri Sai Wines, 24, Marripadu, from the existing place to Ramanaidupet, during the excise year 2004-2005. In view of the afflux of time, the subject matter of the Writ Petition has become infructuous. The Writ Petition is, therefore, dismissed as infructuous. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 22-2-2008 Msnr. Tp 1 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 2 The Prohibition & Excise Superintendent, Nellore. 3 G. Chennaiah, Proprietor of Sri Sai Wines, Nandavaram Village, Marripadu Mandal, Nellore District. 4. Two Spare copies 5. Two CD copies.