IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 18599 of 2003 Between: Mr.K.Pappaiah, S/o.late Sri Nagaiah, Toddy Tappers Cooperative Society, Lallapet, R/o.12-1-11,Lallapet, Sec'bad ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principal Secretary, Excise Department, Secretariat, Saifabad, Hyderabad. 2 The Director of Prohibition&Excise, Andhra Pradesh, Hyderabad. 3 The Commissioner, Prohibition&Excise, Andhra Pradesh, Hyderabad. 4 The Superintendent of Prohibition&Excise, 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 to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the Prohibition and Excise Superintendent, Hyderabad, the 4th respondent herein in issuing proceedings in Proc. Cr.No.B2/2518/2003/ESH dated 14.7.2003 and proceedings in Cr.No.B2/2518/2003 ESH, dated 28.7.2003 and if necessary declare Rule 24 of the A.P.Excise(Arrack and Toddy Licenses General Conditions) Rules 1969 as amended under G.O.Ms.No.973, Revenue(Excise) Department, dated 21.11.2002 as arbitrary, illegal, unjust, contrary to law, opposed to the basic structure of the Constitution and also in violation of the provisions of the A.P. Excise Act, 1968 and issue the consequential direction not to take any action on the basis of samples collected illegally on 23.4.2003 on the basis of the impugned notices. Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondents: GP FOR PROHIBITION & EXCISE FOR R The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18599 of 2003 ORDER: It is stated that Rule 24 of A.P. Excise (Arrack and Toddy Licences General Condition) Rules 1969 as amended under G.O.Ms.No.973, dated 21- 11-2002, has been challenged in this writ petition. Learned Government Pleader appearing for the respondents submits that the said Rule is further amended by G.O.Ms.No.1229, dated 19-09-2007 and the said Rule has been ceased from 01-10-2007 and, therefore, the subject matter of the writ petition has become infructuous. Recording the said statement, the writ petition is dismissed as infructuous. However, the interim order granted on 04-09-2003 stands vacated. There shall no order as to costs. ___________ 31-03-2008 Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ }