IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28636 of 2008 Between: M/s. Sri Siva Restuarant & Bar, rep. by its Proprietor, P. Yalla Reddy, S/o. P. Narayana Reddy, D.No.5/260,261,264,264-1, Kotagadda Street, Anjaneyaswami Temple Street, Kadapa, Kadapa District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary Excise and Prohibition Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition and Excise, (Excise Bhavan), J.N.Road, Nampally, Hyderabad. 3 The Superintendent of Prohibition and Excise, Kadapa, Kadapa District. 4 The Deputy Commissioner of Prohibition and Excise, Chittoor, Chittoor District. 5 The Kadapa Municipal Corporation, rep. by its Commissioner, Kadapa, Kadapa District. .....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 issue any writ, order or direction preferably a writ in the nature of Mandamus declaring the inaction of the respondents in not considering petitioner's application for grant of a licence to carry on the business in the name and style of M/s.Sri Siva Restuarant & Bar in premises beairng D.No.5/260, 261,264,264-1 situated at Kotagadda Street & Anjaneyaswami Temple Street, Kadapa Town, as illegal, dehors the endorsement dated 18-8-2008 issued by the 5th respondent is arbitrary and violative of Art. 14 of the Constitution of India and set a side the endorsement Roc.No.1748/2008/G1, dated 18-8-2008 made by the 5th respondent herein and consequently direct the respondents to forthwith pass orders on the application of the petitioner for grant of a licence in premises beairng D.No.5/260, 261,264,264-1 situated at Kotagadda Street & Anjaneyaswami Temple Street, Kadapa Town, Kadapa District for carying on business in running a Bar and Restuarant in the name and style of M/s. Sri Siva Restuarant & Bar and dehorse the endorsement Roc.No.1748/2008/G1, dated 18-8-2008 made by the 5th respondent herein. Counsel for the Petitioner : MR. Y.VENKATASATYAM Counsel for the Respondents : GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 28636 of 2008 ORDER : Heard both sides. The main writ petition was filed on 29.12.2008 aggrieved by the action of the respondents in not considering the petitioner’s application for grant of licence to carry on the business in Bar and Restaurant in the name and style of M/s. Sri Siva Restaurant & Bar at Kadapa in view of the order passed by the Municipal Corporation dated 18.8.2008 rejecting the petitioner’s application for No Objection Certificate (NOC) on the ground that the premises in question falls in residential land use as per sanctioned Master Plan in G.O.Ms.No.1078, M.A., dated 19.09.1981. It is to be noted that subsequently there was an amendment to Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 and by virtue of the said amendment under G.O.Ms.No.122, Revenue (Excise-II), 06.02.2009, the requirement under Rule 6 (v) relating to No Objection Certificate from the local authority has been substituted and now as per the amended rule what is required is a Trade Licence from the local authority. Hence, the cause in the writ petition does not survive for consideration on merits. As a matter of fact, having regard to the subsequent events the petitioner filed a fresh writ petition being W.P.No.1581 of 2009 and the same is pending. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Needless to mention that the interim order dated 29.12.2008 in WPMP.No.37489 of 2008 stands vacated. ____________ G.ROHINI, J. Dt. 17.03.2009 gbs