APHC010633212016 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: 868/2016 Between: 1. SRI. CHOLAVARAM GIRIBABU, S/O. LATE VEERACHARI, AGED ABOUT 48 YEARS, OCC MUNICIPAL COUNCILOR, R/O. H.NO. 3- 189, Z.P.HIGH SCHOOL ROAD, GUDUR, SPSR NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (PROHIBITION & EXCISE DEPARTMENT), SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER, PROHIBITION AND EXCISE, A.P. HYDERABAD. 3. THE DISTRICT COLLECTOR, SPSR NELLORE. 4. THE MUNICIPAL COMMISSIONER, GUDUR, SPSR NELLORE. 5. SRI AVULA SRIDHAR, S/O. DHAMODAR, PROPRIETOR MIS. BABU RESTAURANT SITUATED AT WARD NO. 3, GUDUR, SPSR NELLORE DISTRICT AND ...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 toto issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 4 herein in passing the impugned proceedings vide Progs Cr.No.5360/2015/CPE/E2/Gudur(2) dated 26-122015 where under granted Prior Clearance for grant of licence for selling by Bar to the 5th respondent herein without taking into consideration the objections raised by the inmates of the locality further without even inspecting the premises which do not even SRS,J W.P.No.868 of 2016 possess any minimum standards of Restaurant not even a kitchen as illegal, arbitrary and opposed to the established principles of law and consequently set aside the impugned proceedings dated 26-12-2015 and pass IA NO: 1 OF 2016(WPMP 1052 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 stay all further proceedings in pursuance to the impugned proceedings vide Progs Cr.No.5360/2015/CPE/E2/Gudur(2) dated 26-12-2015, including establishment of Bar and Restaurant by the 5th respondent herein pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT RAO RAVULAPALLI Counsel for the Respondent(S): 1. GP FOR PROHIBITION & EXCISE (AP) 2. G VENKATESWARLU 3. GP FOR PROHIBITION EXCISE (AP) The Court made the following: ::ORDER:: When the matter is taken up, Smt. K. Pallavi, learned counsel for the petitioner submitted that by afflux of time, the cause in the writ petition does not survive and hence, the writ petition has rendered infructuous. Recording the submission of learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.08.2025 IKN SRS,J W.P.No.868 of 2016 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 868 of 2016 Date: 01.08.2025 IKN