High Court for State of TelanganaWP/21911/2015disposed of no costs

Dakshanampeta Sri Kodandarama Swamy Devasthanam, v. State Of Andhra Pradesh,

2015-07-17A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI Writ Petition No.21911 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 to 5 in permitting the respondent No.6 to carry on the business of sale of IL&FL at the shop bearing Door No.2-8-1, Trunk Road, Kavali, SPSR Nellore District as illegal, ultra vires to the provisions of Articles 14, 21, 25 and 26 of the Constitution besides being in violation of the A.P. Excise Act and the Rules framed thereunder on the subject, besides directing the respondent Nos.2 to 5 not to permit the respondent No.6 to run the sale of liquor in the above shop premises, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Today when the matter is taken up, a letter bearing Rc.No. /2015/A2, dated 16-07-2015, addressed by the Prohibition and Excise Superintendent, Nellore to the office of the Government Pleader for Prohibition and Excise, High Court at Hyderabad; is placed on record by the learned Government Pleader, and the same reads as under:

"I invite kind attention to the subject and references cited and it is submitted that the Station House Officer, Kavali has submitted in his report that there is no A4 shop is established or functioning in Door No.2-8-1, Trunk Road, Kavali SPSR Nellore District and we are not going to

permit any A4 shop licensee to establish shop in Door No.2-8-1, Trunk Road, Kavali."

On noticing the above letter, learned counsel for the petitioner has requested this Court to record the same, and dispose of the writ petition.

In that view of the matter, the writ petition is disposed of, by recording the above instructions furnished by the Prohibition and Excise Superintendent, Nellore, in his letter dated 16-07-2015. The miscellaneous petitions, if any, filed in the writ petition, shall also stand disposed of. There shall be no order as to costs. _________________ A.V. SESHA SAI, J.

Dt.17-07-2015.