The Appellant appealed against an order suspending a toddy shop license. The Court held the cause no longer survives due to the license expiry and a ban on new licenses in Hyderabad limits.
The Writ Appeal is dismissed as infructuous. No order as to costs.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE V.ESWARAIAH &
THE HON'BLE MR JUSTICE G.V.SEETHAPATHY
WRIT APPEAL No.1339 of 2000
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated 13/10/2000 in WA NO : 19382 OF 2000 on the file of the High Court.)
Between:
Toody Co-op. Society, Bhoiguda Kaman, Toddy Group, Hyderabad, rep. by its President B.Laxman Gorel.
..... APPELLANT
AND
1 The Excise Superintendent,(Excise and Prohibition), Twin Cities of Hyderabad, Narayanaguda,Hyderabad Dist.
2 The Inspector of Proh.& Excise, Golkonda Circle, Golkonda, Hyderabad. 3 The Dy.Commissioner of Proh. & Excise, Hyderabad Division, Nampally, Hyderabad.
.....RESPONDENTS
Counsel for the Appellant:MR.B.SAI RAM GOUD
Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE
The Court made the following:
Form-NIC-OGS/WA { }
THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY
WRIT APPEAL No.1339 of 2000
JUDGMENT : (per Hon’ble Sri Justice V.Eswaraiah)
This is an appeal filed by the President of Toddy Cooperative Society, Bhoiguda Kaman, Hyderabad District against the order of the learned single Judge in W.P.19382/2000, dated 13.10.2000.
The said writ petition has been filed by the appellant herein questioning the suspension order suspending the licence of Boiguda Kaman toddy shop bearing No.62, and the said writ petition has been disposed of, directing the 1st respondent herein to send the second sample bottle of toddy to an independent laboratory i.e. Institute of Preventive Medicine, Public Health Food Laboratory, Food Administration, Hyderabad alias State Food Laboratory, Nacharam, Hyderabad for testing forthwith, after obtaining necessary permission from the Court of Judicial First Class Magistrate, Hyderabad. Aggrieved by the same, the present writ appeal has been filed.
This Court while admitting the present writ appeal granted interim suspension of the operation of the impugned order. As the period of licence of the appellant toddy shop is already over and in view of ban imposed prohibiting to grant licences to toddy shops in Hyderabad Municipal Corporation limits, and the licences, if any, granted earlier, are not subsisting, therefore, We are of the opinion that the cause in the present writ appeal does not survive and the subject matter of the writ appeal has become infructuous.
The Writ Appeal is, accordingly, dismissed as infructuous. No order as to costs.
V.ESWARAIAH,J
______________________ G.V.SEETHAPATHY,J
Dated: 10.09.2008 Dsr
........REGISTRAR
To
1 The Excise Superintendent,(Excise and Prohibition), Twin Cities of Hyderabad, Narayanaguda,Hyderabad Dist.
3 The Dy.Commissioner of Proh. & Excise, Hyderabad Division, Nampally, Hyderabad.
4.2 CD copies
Toody Co-op. Society, Bhoiguda Kaman, Toddy Group, Hyderabad, rep. by its President B.Laxman Gorel
The Excise Superintendent,(Excise and Prohibition), Twin Cities of Hyderabad
The Inspector of Proh.& Excise, Golkonda Circle, Golkonda
The Dy.Commissioner of Proh. & Excise, Hyderabad Division, Nampally
V.ESWARAIAH
G.V.SEETHAPATHY
As recorded by the court registry
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