Chanda Lingaiah v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 31634 OF 2017 Between:
Chanda Lingaiah, Son of Late Sammaiah age 65 years, occ: agriculture, Ryo Karakagudeh village and Mandal, Bhadradri Kothagudem O,.rr'",...rar,r,o*a* AND The State of Telangana, rep by the Principal Secretary, Prohibition and Excise (Revenue). Secretariat. Hvderabad.
the Comriiissioner,, Prohibition and Excise, Government of Telangana, Hyderabad.
T6e Superintendent., Prohibition and Excise, Bhadradri n",n"q:$E$3rlto,rJfr,t, 1.
J.
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Notification Cr.No.171l2017lP&ExlA2) dt. 13-09201 7 issued by the 3rd respondent, which was published in Gazette No. A4l41l 2017 13-09-2017 for Grant of license to sell IMFL and FL through Shop Nos. 31 to 78 (which are comes under Schedule Area) as illegal, arbitrary, contrary to provisions of Rule 5 of Telangana Excise (Grant of licenses of selling by shops and conditions of licenses) Rules 2012 Read with G.O.MS.No. 200, Revenue(Excise-ll) Department dated: 12.09.2017 and also PESA Act 1996 and PESA Rules 201.1 consequently set-aside the Notification cr.No.171120171 P&E/A2) dt. 13-09-2017 issued by the 3rd respondent, published in Gazette No' A4l41t 2017 '13-09-2017 in so far as the Schedule Areas are concerned in the State.
l-A. NO: 1 oF 2017 (WPMP. NO: 39387 OF 20 171 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings pursuant to the Notification cr.No.17'1 l2O17lP8r,ExlA2) dt.
13-09-2017 issued by the 3rd respondent, published in Gazette No. A4l41l 2017 '13-09-2017 in so far as the Schedule Areas are concerned in the State, pending disposal of the writ petition.
i Counsel for the Petitioner: SRI T. NANDA KISHORE, COUNSEL FOR SRI E SESHAGIRI RAO Counsel for Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER i
THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 31634 of 2Ol7 ORDER:
Sri T.Nanda Kishore, learned counsel representing Sri E.Seshagiri Rao, learned counsel for the petitioner submits that the cause in the Writ Petition does not survive any further for adjudication by this Court and thus, the Writ Petition has l become infructuous.
2.
Recording the said submission, this Writ Petition is dismissed as infructuous. No order as to costs. 3.
Consequently, miscellaneous petitions pending, if any, shall stand closed.
SD/.K.VENKAIAH ASSISTANT REGISTRAR L;19 //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri E Seshagiri Rao Advocate IOPUC]
2. Two CCs to GP For Prohibition & Excise, High Court for the State of Telangana. [OUT]
3. Two CD Copies
4. One Spare Copy MBC SW r\\{-
HIGH COURT DATED: 1310712022 1r ru S'r '',- '
( ,-.'\ \?, 2B SEP 2tr/2 'Yr*'
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ORDER
WP.No.31634 of 2017 DISMISSING THE WRIT PETITION AS IN FRUCTUOUS, WITHOUT COSTS