APHC010307612015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29972/2015 Between: 1. NASAM SELVARAJ S/O. SARANGA REDDY,, OCC. AGRICULTURIST, R/O. KARURU VILLAGE,TADA MANDAL, SPSR NELLORE DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, PROHIBITION AS EXCISE DEPARTMENT SECRETARIAT BLDGS, SAIFABAD, HYDERABAD 2. THE DY COMMISSIONER OF, PROHIBITION AS EXCISE DEPARTMENT, NELLORE, SPSR NELLORE DIST. 3. THE PROHIBITION EXCISE SUPERINTENDENT, GUDUR, SPSR NELLORE DIST. 4. THE DISTRICT COLLECTOR NELLORE SPSR NELLORE DIST, - 5. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DIST. 6. 5 STARS WINES KARURUMITTA VILLAGE, TADA MANDAL, SPSR NELLORE DIST. REP BY ITS PROPRIETOR (NOT KNOWN TO PETITIONER) 7. PULICAT WINES KARURUMITTA VILLAGE TADA, MANDAL, SPSR NELLORE DIST. REP BY ITS PROPRIETOR (NOT KNOWN TO PETITIONER) ...RESPONDENT(S): Petition under Article 226 of the Constitution of India 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 inaction of the respondents 2 and 3 in removing the shops - Respondents 6 & 7 from Karurumitta Village, Tada Mandal, SPSR Nellore District as illegal, arbitrary and contrary to the provisions of the A P Excise Act and the Rules 27(1) and 27(2) Proviso of A P Excise (Lease of Right of Selling by shop and conditions of licence ) Rules 2005 and consequently direct the respondents 2 and 3 to remove the respondents 6 & 7 by cancelling their licenses and direct the respondents 4 & 5 to protect the law and order situation in Karurumitta Village, Tada Mandal, SPSR Nellore District in the interest of justice IA NO: 1 OF 2015(WPMP 38806 OF 2015 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 direct the respondents 2 and 3 to suspend the licences of respondents 6 as 7 pending disposal of writ petition Counsel for the Petitioner: 1. VENUGOPALA RAO PASNOORU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. GP FOR PROHIBITION & EXCISE (AP) The Court made the following: :: ORDER :: The above writ petition has been filed to declare the inaction of respondents 2 & 3 in removing the shops from Karurumitta Village, Tada Mandal, SPSR Nellore District, as illegal and arbitrary and contrary to the provisions of the Andhra Pradesh Excise Act and the Rules 27(1) and 27(2) Proviso of A.P. Excise (Lease of Right of Selling by shop and conditions of license) Rules, 2005. 2. The writ petition was admitted on 29.09.2015. When the matter was listed on 03.07.2024, none appeared for the petitioner and the learned Assistant Government Pleader submitted that no cause survives in the writ petition. Recording the same, the writ petition was adjourned. 3. Today, when the matter is listed, no representation on behalf of the petitioner. 4. At the hearing, the learned Assistant Government Pleader would submit that by efflux of time, the cause in the writ petition does not survive for adjudication. 5. Recording the same, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 01.08.2025 TVN 245 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.29972 OF 2015 Date : 01.08.2025 TVN