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High Court for State of TelanganaWP/42850/2015dismissed as infructuous

K.Balakishan Rao v. The State Of Telangana,

2022-04-21T.Vinod Kumar4 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 42850 OF 2015 Between:

1. K.Balakishan Rao, s/o Narasing Rao, aged about 40 years, occ: Business, r/o Vemulawada, Karimnagar.

2. G.Rajamouli, s/o Venkatesham, aged about 42 years, occ: Business, r/o H.No. 13-70, Pragathi Nagar, Husnabad, Karimnagar District.

3. G.Laxmi, Mo Sagar Krishna, aged about 31 years, occ: Business, r/o H.No. 91 -21 1 lB Markandeya Colony, Vemulawada, Karimnagar District.

4. V.Santosh, s/o Rajaiah, aged about 38 years, occ: Business, r/o H.No.8-533/6 Mallaram Road, Vemulawada, Karimnagar. ...PETrflONER(S) AND

1. The State of Telangana,, rep. by its Principal Secretary, Revenue (Excise-ll) Department, Secretariat, Hyderabad,

2. The Commissioner of Prohibition and Excise,, State of Telangana, Abkari Bhavan Opp. Gandhi Bhavan, M.J.Road Hyderabad-500 001.

3. The Deputy Commissioner of Proh. and Excise, Karimnagar., -

4. K.Thirumal, s/o Kanukaiah, occ Business Licence No. F1l201 5 M/ Sai Restaurant And Bar H.No. 11-9416, Husnabad, Karimnagar.

5. Gal'jala Ramesh, s/o Laxmaiah, occ:Business Licence No.1l4l2OO7 Mls Rajendra Dhaba Restaurant and Bar, Tippapuram, Vemulawada, Karimnagar. ...RESPONDENTS 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned order passed by the 2nd respondent bearing No. 015/CPE/TS/F4-lll and Cr.No.

5530/2015/CPE/TS/F4-|l dt. 22-'12-2015 granting prior clearance permission for grant of licence for selling liquor by Bar in favour of the respondent Nos. 4 and 5

without scrutiny of applications and drawal of lots in pursuance of the Revised Schedule issued in Cr.No. 1900/201S/CPE/TS/F1 dt.O3-10-2015, as being illegal, arbitrary, unilateral and discriminatory and consequently set aside the same by directing the respondents to follow the procedure and to draw the lots in the presence of the petitioners and other applicants, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

l.A. NO: 1 OF 201S(WPMP. NO: 55241 OF 2015) l 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 orders passed by the 2nd respondent bearing No.01 5/CPE/TS/F4-|ll and Cr.No. 55:10/ 2015 /CPE/TS/ F4-ll dt.22.12.2015, pending disposal of the main Writ Petition Counsel for the Petitioner(s) : SRl. N HARI PRASAD 4&5 Counsel for the Respondentq BOLLEPALLI SAI RAM GOUD Counsel for the Respondents 1 to 3 : GP FOR PROHIBITION & EXCISE The Court made the following: ORDER

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 42a5O of 2O15 ORDDR:

Learned counsel for the petitioner submits that the cause in the Writ Petition does not survive for adjudication by this Cot'.rt and thus, the 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.

i S-D/.I.NAGALAKSHMI DEPUry REGISTRAR .IL'f'''- //TRUE COPY// SECTION OFFICER To,

1. One CC to SRt. N HAR| PRASAD Advocate tOpUCl

2. One CC to SRl. BOLLEPALLI SAI RAM GOUD, Advocate [OpUC] 3' Iqo ccs to GP FoR pRoHrBrroN & EXCrsE, High court for the state of Telangana, At Hyderabad. tOUn -

4. Two CD Copies.

5. One Spre Copy.

MU PS '*

HIGH COURT DATED:111 10412022 a i t ( 2 0 sEP ?$I7

ORDER

WP.No.42850 of 2015 DISMISSING THE WRIT PETITION AS INFRUCTUOUS.

WITHOUT COSTS