IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23729 of 1998 Between: M/s. Sri Srinivasa Rice Mill, rep. by its Managing Partner Sri Reddy Srinivas, Kavalipuram, West Godavari District. ..... PETITIONER AND 1 Commercial Tax Officer-II, Tanuku, West Godavari District. 2 Commissioner of Commercial Taxes, Andhra Pradesh ,Hyderabad. 3 State of Andhra Pradesh , represented by the Principal Secretary, Revenue, Secretariat, Hyderabad. .....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 a Writ or order or direction particularly one in the nature of Writ of Certiorari after calling for the records and quash the impugned demand notice issued by the first respondent dt.14.7.1998 passed in G.I.No.15660/98-99 and declare the Andhra Pradesh Rural Development Act.1996 as violative of Article 286(2) of the Constitution of India and the State Legislature is not competent under any of the entries in List II of the Seventh Schedule to the Constitution to levy such cess or to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.KRISHNA MURTHY Counsel for the Respondent No.: MR.K.NAGASWARA RAO The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner submits that the cause in the Writ Petition does not survive and the same has become infructuous. Recording the same, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 24.06.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies