IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 16599 of 2008 Between: Kotha Mosha, S/o. Yesobu, R/o. Ilapavaluru, Chimakurthy (M), Prakasam District. ..... PETITIONER AND 1 Prohibition & Excise Superintendent, Ongole, Prakasam District. 2 Aleti Srinivasulu, s/o. Narayana, r/o. Ilayavuluru Village, Chimakurthi (M), Prakasam 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 a writ, order or direction, and more particularly one in the nature of Writ of Mandamus declaring 1st Respondent's License to 2nd respondent in Sl.No. of the License : 75/2007-2012 dated 13-5-2008 as illegal, arbitrary, without jurisdiction, null and void; and consequently set aside the same and pass such other orders. Counsel for the Petitioner: MR.BATHINI PAPA RAO GOUD Counsel for the Respondent No.1: GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.2: None The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :16599 of 2008 ORDER: The writ petition is filed aggrieved by the grant of licence for a toddy shop or group of shops at Illapavulur Village, Chimakurthy Mandal, Prakasam District in favour of the 2nd respondent. Though the writ petition is filed assailing the grant of licence in favour of the 2nd respondent, the learned counsel for the petitioner states that the petitioner would like to pursue the appellate remedy under Section 63 of the A.P. Excise Act, 1968. In view of the above, the writ petition is dismissed as withdrawn with liberty to prefer the appellate remedy. No costs. ____________________ GODA RAGHURAM,J DATE: 31st July, 2008 pnb