IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.5406 of 1998 Between: 1 G.Lakshmi Narayana s/o.Venkatesappa R/o.M/s.Sri Raghavendra Wines,Kasipet,Venkatagiri PO&M Nellore Dist. 2 B.Venkat Reddy S/o.B.Rama Chandra Reddy R/o.M/s.Sri Balaji Wines,Cross Road Centre,Periavaram Venkatagiri post and mandal Nellore Dist. 3 K.R.Thippe Swamy S/o.Rudrappa R/o.M/s.Sri Sainath Wines,North Street,Venkatagiri P&M Nellore Dist ..... PETITIONER(S) AND 1 The Govt. of A.P rep.by its Principal Secretary Revenue (Excise -II) Department Secretariat Building Hyderabad 2 The Commissioner of Prohibition & Excise Govt . of A.P Hyderabad 3 The District Collector Nellore Nellore Dist. 4 The Assistant Commissioner of Prohibition and Excise Nellore Nellore Dist. 5 The Prohibition & Excise,Superintendent Nellore Nellore Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents in not granting petitioner to remission of the lease amount as well as the licence fee for the period commencing from 18-4-1997 to 8-5-1997 (21 days) to the petitioners as illegal, arbitrary and discriminatory and consequently, direct the respondents to grant proportionate remission, of the lease amount as well ass the licence fee fot the above period and pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:MR.M.CHANDRASEKHAR REDDY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.5406 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Both the counsel fairly conceded that the relief claimed in the writ petition was already granted by the Government and, therefore, nothing survives in the writ petition. Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-06-2009 Prv