APHC010158152022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 10184/2022 Between: 1. M/S ROYAL TOUCH RESTAURANT AND BAR,, REP. BY ITS PROPRIETOR SOLA VENKATESWARA RAO, S/O LINGAIAH, D. NO. 48-16-39/3, KAMINENI NAGAR, BALLEMVARIVEEDHI, VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. EXCISE DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT. VIJAYAWADA. 3. THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT. KAKINADA. 4. M/S LUCKYS RESTAURANT AND BAR, REP. BY ITS PROPRIETOR PARIMINARAIAH, S/O MALAKONDAIAH, D.NO.48-16-39/6, KAMINENI NAGAR, BALLEMVARIVEEDHI, VIJAYAWADA. ...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, order or direction more particularly one in the nature of a WRIT OF CERTIORARI or any other appropriate writ, order or direction challenging the proceedings of the 3rd respondent issued vide R.C.No.B1/2369/2020 Dt01-03-2021 as misuse and colorable excise of power and the same is in utter violation of rule 49 of A.P. Excise (Grant of license of Selling by Bar and Conditions of License) Rules, 2017 besides highly illegal, irregular, arbitrary and violative of Article 14 of Constitution of India and consequently set aside the 3rd respondent proceedings issued vide R.C.No.B1/2369/2020 Dt01-03-2021 and further direct the 2nd respondent not to consider the said relocation of the premises and pass IA NO: 1 OF 2022 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 pleased to dispense with the filing of the certified copy of the 3rd respondent proceedings issued vide R.C.No.B1/2369/2020 Dt:01-03-2021 and pass IA NO: 2 OF 2022 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 pleased to dispense with the filing of the certified copy of the 3rd respondent proceedings issued vide R.C.No.B1/2369/2020 Dt:01-03-2021 and pass IA NO: 3 OF 2022 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 pleased to suspend the 3rd respondent proceedings issued vide R.C.No.B1/2369/2020 Dt:01-03-2021 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. MOGULURU ISWARYA 2. GP FOR PROHIBITION EXCISE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION.No.10184 of 2022 ORDER:- Sri G. Yaswanth, learned counsel representing Sri Turaga Sai Surya, learned counsel for the petitioner would submit that the cause in the writ petition does not survive for adjudication and the writ petition has become rendered infructuous. Learned counsel endorsed the same on bundle. 2. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.11.2025 TVN 53 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10184 OF 2022 Date: 17.11.2025 TVN