M/S.Nikitha Restaurant And Bar, v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 1179 OF 2016 Between:

It//s.NlKlTHA RESTAURANT AND BAR, Premises bearing No.12-2-6221N1, Rethi Bowli Road, Mehdipatnam, Hyderabad Represented by SRI C.RAIV KUMAR, S/o C.SATHAIAH, Aged about: 48 years, Occ: Business, No.12-2-822, Venkanna Nagar, Rethibowli, l\4ehdipatnam, Hyderabad. AND ...PET|T|ONER

1. THE STATE OF TELANGANA, Represented by its Principal Secretary Revenue (Excise-ll) Department, Secretariat, Hyderabad.

2. fHE COMMISSIONER OF PROHIBITIONAND EXCISE, Telangana State, at Excise Bhavan, J.N.Road, Hyderabad.

3. THE SUPERINTENDENT OF PROHIBITION AND EXCISE, At Hyderabad. ,..RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.3 in issuing the Proceedings Dated 28.12.2015 in Cr.No.B11675l2O15|ESH directing the Petitioner to select another suitable place immediately to shift the 28 Bar in respect of Petitioner 28 Bar Bearing Licence No.9B/2006-2007 which was renewed from time to time and finally renewed on 22.07.2015 in File No.821439/201 5/P and ES as illegal, arbitrary, unjust and violative of norms stipulated under A.P.

Excise Act, 1968 and Rules there under and consequently to set-aside the impugned proceedings of the respondent No.3. LA. NO: 1 OF 2016(WPMP. NO: 1470 OF 2016) 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 SUSPEND the Proceedings Dated 28.12.2O15 in Cr.No. 8116751201slESH issued by the Respondent No.3 in respect of Petitioner 2B Bar Bearing Licence No.S8/2006-2007 which was renewed from time to time and finally renewed on 22.07.2015 in File No.B2l439l2015lP and ES pending disposal of the Writ Petition.

COUNSEI fOT thE PEtitiONCT: SRI. RESU MAHENDER REODY, SRI. K. AKHIL REDDY Counsel for the Respondents: GP FOR PROHIBITION and EXCTSE The Court made the following: ORDER'

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.1179 of 2016 ORDER:

Sri K.Akhil Reddy, learned counsel representing Sri Resu Mahender Reddy, learned counsel appearing for the petitioner, submits that the cause in the Writ Petition does not survive for adjudication by this Court any further, and thus, this Writ Petition has 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/-M.MANJULA ASSISTANT REGISTRAR ,TRUE COPY// SECTI FFICER To,

1. One CC to SRl. RESU MAHENDER REDDY, Advocate [OPUC]

2. Two CCs to GP FOR PROHIBITIoN and EXCISE, High court for the state of Telangana at HYderabad [OUT]

3. Two CD Copies

4. One Spare CoPY I\4MAr PB

HIGH COURT DATED: 20104,t2022 1tr;- s L.f i6 o .t"

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ORDER

l', LL ?0 Jtlll /frO I WP.No.1179 of 2016 DSMISSING OF THE WRIT PEITITON AS INFRUCTUOUS WITHOUT COSTS p