IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.10898 of 2000 Between: T.Jagadeswara Rao, S/o. Late T.Appala Ramiah, R/o. Kuntibadra Village, Kothuru Mandal, Srikakulam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise -III) Department, Secretariat, Hyderabad. 2 The Commissioner for Prohibition and Excise, Andhra Pradesh, Hyderabad. 3 The District Collector, Srikakulam. 4 The Superintendent, Prohibition and Excise, Srikakulam District. 5 J.Appla Naidu, S/o. Late Venkata Rao, Kothuru Village & Mandal, Srikakulam 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 may be pleased to issue a Writ, in the nature of Writ of Mandamus or any other appropriate Writ, direction or order declaring the second privoso to Rule 2 of the A.P.Excise (Lease of Right to Sell Indian Liquor Foreign Liquor and Beer in Retail under IL 24 Licence) Rles, 1998 in G.O.Ms.No.169, Revenue Excise II) dt. 31.3.2000 and Sub-Rule (4) (b)oof Rule 31 of the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 issue in G.O.Ms.No.170 Revenue (Excise II), dt. 31.3.2000 as well as the Notification issued by the Prohibition and Excise Superintendent, Srikakulam the 4th respondent, Srikakulam District Gazettee Extra Ordinary No.29 dt. 1.5.2000 for the grant of IL 24 licence for the lease year 2000-2001 under Rule 2 of A.P.Excise (Lease of Right to Sell Indian LIiuor, Foreign Liquor Beer in Retail under IL 24 Licence), Rules, 1998 in respect of Sl.No.18 Kothuru Mandalam and the selection of respondent No.5 for the grant of IL 24 licences as illegal and void and consequently direct the Government of Andhra Pradesh, the first respondent herein, to act in accordance with the policy decision laid down in G.O.Ms.No.168, Revunue (Excise II) dt. 31.3.2000. Counsel for the Petitioner:MR.A.RAMA RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.10898 of 2000 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The subject matter of the writ petition is for grant of licence for the year 2000-01. As the excise year 2000-01 itself is over and as the petitioner has not complied with the office objection by paying batta to the 5th respondent, we are of the opinion that nothing survives in the writ petition. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date: 24-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ANURADHA}