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High Court for State of TelanganaWP/24077/2012dismissed

Thummukunta Raji Reddy, v. The Government Of Andhra Pradesh,

2016-06-23A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A. V. SESHA SAI WRIT PETITION No.24077 OF 2012 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"... to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned inaction of the respondents is paying the proportionate Licence fee during which the petitioner was not allowed to run the A-4 Shop of M/s. Sri Rama Wines, Ghanpur, Warangal District, due to illegal cancellation of orders i.e., from 06.09.2011 to 12.01.2012 for the Excise Year 2011-2012 is illegal, void, abinitio and contrary to the Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents to refund the proportionate licence fee during the period the petitioner was not allowed to run the A-4 Shop of M/s. Sri Rama Wines, Ghanpur, Warangal District, shop for the Excise year 2011-2012 in the interest of justice and equity and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

2. When the matter is called, it is submitted by learned Government Pleader for Excise that the issue in this Writ Petition is squarely covered by the judgment passed by a Full Bench of this Court in S.L.V. Wines, Cuddaph District v. State of A.P. and others[1]. It is also submitted that following the above mentioned judgment, a learned Single Judge of this Court dismissed an identical Writ Petition in W.P.No.11362 of 2012, dated 18.02.2016, and a copy of the same is also produced before this Court.

3. Following the judgment in W.P.No.11362 of 2012, dated 18.02.2016, this Writ Petition is also dismissed. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ A. V. SESHA SAI, J Date:23.06.2016 KH

[1] 2009 (5) ALD 170 (FB)