IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 1849 of 2001 Between: The toddy Co-Operative Society, Upal village & Mandal, Rep.by its President, B.Harinatha Goud son of B.Sathaiah Uppal Village and Mandal, Ranga Reddy Dist., ..... PETITIONER AND 1 The Commissioner of Proh & Excise, Govt of AP M.J.Road, Nampally, Hyderabad 2 The Dy.Commissioner of Proh., & Excise, Hyderabad Division M.J.Road, Nampally, Hyderabad 3 The Proh., & Excise Superintendent , Ranga Reddy District, AT Narayanguda, Hyderabad .....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 an order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing proceedings No. Cr.No. B2/10232/2000, dt. 26/12/2000, suspending the licence of the TCS., Uppal shop bearing Nos. 1 and 2 at Uppal village and mandal, R.R.District., only on the basis of the alleged spot test and further inaction of the 1st and 2nd respondent by exercising the statutory appeal U/S 63 (1) and 63 (2) of the AP Excise Act, 1968 as illegal, unlawful, contrary to law and consequently, direct the 3rd respondent to continue the petitioner society to run its toddy business at uppal, pending receipt of the report from the lab and pending disposal of the appeal, pending before 1st respondent by duly extending the stay order passed by this Hon'ble court in WP.No. 356/2001 , dt. 22/01/2001 and pass such other orders or orders. For the Petitioner: MR.M.DAMODAR REDDY,Advocate For the Respondent s: GP FOR PROHIBITION & EXCISE The Court Made the Following : W.P.No.1849 of 2001 ORDER: In view of the interim order granted by this Court, dated 06-02- 2001 in W.P.M.P.No.2318 of 2001, the relief claimed in the Writ petition has become infructuous. The writ petition is accordingly dismissed as having become infructous. ------------------------ 2nd JULY 2004 BSS/KMR ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Proh & Excise, Govt of AP M.J.Road, Nampally, Hyderabad 2 The Dy.Commissioner of Proh., & Excise, Hyderabad Division M.J.Road, Nampally, Hyderabad 3 The Proh., & Excise Superintendent , Ranga Reddy District, AT Narayanguda, Hyderabad 4.2CCs to G.P. for Prohibition & Excise, High Court Buildings Hyderabad (OUT) 5.2CD copies Form-NIC-OGS/WP{GR}