APHC010544282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28109/2025 Between: 1. K PALLAVI,, W/O. K CHITTIBABU, AGED ABOUT 46 YEARS, OCC BUSINESS, R/O.D.NO. 1-107, ERRANDLA (V), JAMBUVARIPALLE PANCBAYATB, BANGARUPALYAM (M), CBITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE-II) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATBI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DIRECTOR, PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, CBITTOOR, CBITTOOR DISTRICT. 5. THE DISTRICT PROHIBITION AND EXCISE OFFICER, PROHIBITION AND EXCISE DEPARTMENT, CHITTOOR, CHITTOOR DISTRICT. 2 6. THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE POLICE STATION, CHITTOOR, CHITTOOR DISTRICT. ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondent No.5 in issuing Memo vide Rc.No.86/A/2024, dated 13.08.2025 based on GOMS No.273, dated 12.08.2025, without issuing any prior notice to the petitioner deviating from the original terms of GOMS No.210, dated 30.09.2024 with retrospective effect as illegal, arbitrary, violative of GOMS No.210, dated 30.09.2024 besides violative of the Article 19 and 21 of the Constitution of India and set aside the same and consequently direct the Respondents to not to deviate from the terms of GOMS No.210, dated 30.09.2024 IA NO: 1 OF 2025 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 please to suspend the operation of memo issued by the Respondent No.5 which is based on GOMS No.273, dated 12.08.2025 issued by the Respondent No. 1, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- 3 “ to declare the action of the Respondent No 5 in issuing Memo vide Rc No 86/A/2024 dated 13-08-2025 based on GOMS No 273 dated 12-08-2025 without issuing any prior notice to the petitioner deviating from the original terms of GOMS No 210 dated 30-09-2024 with retrospective effect as illegal, arbitrary, violative of GOMS No 210 dated 30-09-2024 besides violative of the Article 19 and 21 of the Constitution of India and set aside the same and consequently direct the Respondents to not to deviate from the terms of GOMS No 210 dated 30-09-2024”. 2. Ms. Anupama, learned counsel, representating Smt. M. Sumalatha, learned counsel for the Petitioner on record, sought permission of this Court for withdrawal of the writ petition with liberty to file fresh writ petition on the same cause of action. Learned counsel endorsed the same on the bundle. 3. Permission is accorded. 4. Accordingly, the present Writ Petition is dismissed as withdrawn with liberty to file fresh writ petition. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.12.2025 eha 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION NO: 28109/2025 Date: 02.12.2025 eha