IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14808 of 2009 Between: Mr. N. Appa Rao & another … Petitioners And The Govt., of A.P., rep., by its Principal Secretary, Dept., of Prohibition & Excise Secretariat, Hyderabad & others. … Respondents Counsel for the petitioners: Sri T. Lakshminarayana Counsel for respondents 1-4: GP for Prohibition & Excise This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14808 of 2009 ORDER:- This writ petition is filed for a Mandamus to declare that respondent Nos.1 to 5 have no jurisdiction or authority to grant licence for running a bar and restaurant within 100 meters from Sri Abhaya Anjaneya Swamy temple of Etukuru Village, Guntur District and abutting the National Highway No.5 as illegal and arbitrary. The petitioners sought for a consequential direction to declare the action of respondent Nos.1 to 5 in proposing to grant licence to respondent No.6 as illegal and arbitrary. In the counter affidavit filed by respondent No.3, it is inter alia stated that licence was already granted on 25.07.2009 in favour of respondent No.6. No reply affidavit is filed for controverting the abovementioned averment. In view of the grant of licence to respondent No.6, the prayer in the writ petition, as it is conceived, does not survive for consideration. The writ petition is accordingly dismissed as infructuous, however, with liberty to the petitioners to question the said grant of licence, if he so chooses. As a sequel to dismissal of the writ petition as infructuous, WPMP.No.19433 of 2009 filed by the petitioners for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 03.06.2010 ES