IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4106 of 2004 Between: 1 A.Kumara Swamy, S/o.Seshagiri Rao, M/s.S.S.Wines, Samalkota, E.G.Dist. 2 Adabala Venkateswara Rao, S/o.Seshagiri Rao, M/s.Sivasankara Wines, Golivari Veedhi, Samalkota, E.G.Dist. 3 K.Srinivas, S/o.Venkata Rao, Station Centre, Samalkot,E.G.Dist. 4 Penumallu Papi Reddy, S/o.Venkata Reddy, Station Road,Samalkot,E.G.Dist. 5 K.S.Sundar Rao, S/o.Varahalu, Station Road,Samalkot, E.G.Dist. 6 G.Lakshmiipathi Rao, S/o.Hari Babu, Pitapuram Road, Samalkot, E.G.Dist. 7 Mammidi Buchi Raju, S/o.Bappanna Dora, Samalkot,E.G.Dist. ..... PETITIONER(S) AND Samalkot Municipality, Samalkot, E.G.Dist.rep.by its Commissioner. .....RESPONDENT 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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Municipality in demanding the petitioners to pay trade licence fee @ 1% of the total licence fee paid to the Excise Department and proposing to initiate prosecution against them as illegal, arbitrary and without jurisdiction and to pass. Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: MR.S.NAGESWARA REDDY THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 4106 of 2004 ORDER: It is submitted by the learned counsel for the petitioners as well as learned standing counsel appearing for the respondent- Municipality that the subject matter of this writ petition is covered by a judgment of this Court in Y.Venkateswar Rao v. Prohibition and Excise Superintendent, Khammam District[1]. Recording the submission made by the counsel, the writ petition is allowed subject to the condition that if any of the petitioners are running a Bar and Restaurant, they shall be liable to pay the trade licence fee. No order as to costs. R.SUBHASH REDDY,J Date:22.07.2009 usd [1] 2006(1) ALD 445