IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF DECEMBER, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11418 of 2009 Between: D. Venkateswara Rao & another. … Petitioners And The Commissioner of Police, Hyderabad City, Hyderabad, & 2 others. … Respondents Counsel for the petitioners : Sri A. Jagannatha Rao Counsel for respondent No.2: GP for Prohibition & Excise This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11418 of 2009 ORDER:- This writ petition is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue Writ of Mandamus or other appropriate writ or direction declaring the action of the 2nd and 3rd respondents in not considering the request of the petitioners for refund of proportionate license fee for the period during which they were prevented from conducting the business in view of the notifications issued by the 1st respondent as illegal, arbitrary and contrary to Section 20 of the A.P. Excise Act and consequently direct the 2nd and 3rd respondents to consider the representations of the petitioners dated 21.02.2009 for refund of the proportionate license fee for a period of (6) days to the petitioners forthwith in the interest of justice.” At the hearing, learned counsel for both the parties agreed that in view of Andhra Pradesh Ordinance No.5 of 2009, no relief can be granted in favour of the petitioners unless the validity of the said ordinance is successfully challenged. In view of the same, the writ petition is dismissed with liberty to the petitioners to question the validity of the said ordinance. As a sequel to dismissal of the writ petition, WPMP.No.14682 of 2009 and WVMP.No.3198 of 2009 are also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 18.12.2009 ES