IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27759 of 2005 Between: Mandala Srinivasa Rao, S/o. Late Sri Ramulu, R/o. D.No. 2-20, Kancherla Lane, Dhawaleshwaram, East Godavari District. .... PETITIONER AND 1 The Government of Andhra Pradesh, Represented by its Chief Secretary, Revenue (Ex. II) Department, Secretariat, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Nampally, Hyderabad. 3 The Prohibition & Excise Superintendent, Kakinada, East Godavari District. 4 M/s. S.S.S. Wines, Represented by its Licensee Sri L. Venkateshwara Rao, S/o. Rama Rao, aged 40 yeas, License No. 540/2005-2006, D.No. 4-2-12/1, Laxminarasimha Nagar, Dhawaleshwaram, East Godavari 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 to issue order or orders direction or directions, writ or writs, particularly one in the nature of Writ of Mandamus declaring theat the Rule 29(3) of the Andhra Pradesh Excise (Lease of Right of Selling by shop and condititions of License) 8th November, 2005 is unconstitutional and Ultravirus of the Legislative competence of the State U/s. 72 of the Excise Act and consequently direct the respondent not to permit the 4th respondent to shift his retail wine shop from H.No. 4-2-12/1, Laxminarasimha Nagar, Dhawaleshwaram to H.No. 2-19/2, Kancherla Lane, Dhawaleshwaram or to any other place in the Dhawaleshwaram Municipality and to pass such other orders as are necessary in the interest of justice Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27759 of 2005 ORDER: Ms. B. Vara Lakshmi, counsel representing Sri K.L.N. Swamy, learned counsel for the petitioner, submits that the cause in the writ petition has become infructuous. Therefore, the writ petition is dismissed as infructuous. No costs. _____________ (V.V.S.RAO, J) 23rd October, 2008 GHN To 1 The Government of Andhra Pradesh, Represented by its Chief Secretary, Revenue (Ex. II) Department, Secretariat, Secretariat Buildings, Hyderabad. 2 The Commissioner of Prohibition & Excise, Nampally, Hyderabad. 3 The Prohibition & Excise Superintendent, Kakinada, East Godavari District. 4 2CCs to GP for Prohibition and Excise 5 2CD copies Form-NIC-OGS/WP{RLD}